Download - Rhode Island State Energy Center, L.P
STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS
DEPARTMENT OF ENVIRONMENTAL MANAGEMENT
OFFICE OF AIR RESOURCES
OPERATING PERMIT
Rhode Island State Energy Center, L.P.
PERMIT NO. RI-46-15 (R1)
(Renewal date: October 5, 2015)
(Expiration date: October 5, 2020)
Pursuant to the provisions of Air Pollution Control Regulation No. 29, this operating
permit is issued to:
Rhode Island State Energy Center, L.P.
24 Shun Pike
Johnston, RI 02919
This permit shall be effective from the date of its issuance. All terms and conditions of the
permit are enforceable by USEPA and citizens under the federal Clean Air Act, 42 U.S.C.
7401, et seq., unless specifically designated as not federally enforceable.
Douglas L. McVay, Chief
Office of Air Resources
Date of revision: 04/12/2016
i
TABLE OF CONTENTS
SECTION PAGE
I. SOURCE SPECIFIC CONDITIONS ............................................................................................. 1
Requirements for Emissions Units G001 and G002 ................................................................. 1
Requirements for Emissions Unit P005 .................................................................................. 19
Requirements for Emission Unit G006 ................................................................................... 23
Facility Requirements ............................................................................................................. 27
II. GENERAL CONDITIONS .......................................................................................................... 30
Annual Emissions Fee Payment .............................................................................................. 30
Permit Renewal and Expiration ............................................................................................... 30
Transfer of Ownership or Operation ....................................................................................... 30
Property Rights........................................................................................................................ 30
Submissions ............................................................................................................................ 31
Inspection and Entry ............................................................................................................... 31
Compliance ............................................................................................................................. 32
Excess Emissions Due to an Emergency ................................................................................. 32
Duty to Provide Information ................................................................................................... 33
Duty to Supplement ................................................................................................................. 33
Reopening for Cause ............................................................................................................... 33
Severability Clause .................................................................................................................. 34
Off-Permit Changes ................................................................................................................ 34
Section 502(b)(10) Changes .................................................................................................... 35
Emissions Trading ................................................................................................................... 36
Emission of Air Contaminants Detrimental to Person or Property ......................................... 36
Odors ................................................................................................................................... 36
Visible Emissions .................................................................................................................... 36
Open Fires ............................................................................................................................... 36
Construction Permits ............................................................................................................... 36
Sulfur in Fuel........................................................................................................................... 37
Air Pollution Episodes ............................................................................................................ 38
Fugitive Dust ........................................................................................................................... 38
Adhesives and Sealants ........................................................................................................... 39
Architectural and Industrial Maintenance Coatings ................................................................ 39
Compliance Certifications ....................................................................................................... 39
Permit Shield ........................................................................................................................... 40
Recordkeeping......................................................................................................................... 40
Reporting ................................................................................................................................. 41
Credible Evidence ................................................................................................................... 42
Emission Statements ............................................................................................................... 42
Miscellaneous Conditions ....................................................................................................... 43
III. SPECIAL CONDITIONS ........................................................................................................... 44
CO2 Budget Trading Program ................................................................................................ 44
Acid Rain ................................................................................................................................ 56
Ozone-depleting Substances ................................................................................................... 60
Prevention of Accidental Releases .......................................................................................... 61
Permit No. RI-46-15 (R1) Page 1 of 62 Expiration Date: 10-05-20
SECTION I. SOURCE SPECIFIC CONDITIONS
A. Requirements for Emissions Units G001 and G002
The following requirements are applicable to:
• The facility consists of two natural gas fired combustion turbine (CT) units each of
which discharges exhaust gas through an associate Heat Recovery Steam Generator
(HRSG). Each HRSG is equipped with duct firing capability. The facility is authorized
to operate either or both CT’s independently of one another, and either or both sets of
duct burners independently of one another. Emission units G001 and G002, each of
which is a 185 MW Siemens/Westinghouse Combustion turbine, Model No. 501FD2.
G001 and G002 are equipped with Forney 102.5 MMBTU/Hr (HHV) duct burners in
each of the Heat Recovery Steam Generators (HRSG), Model No. B10050. Emission
units G001 and G002 are equipped with air pollution control device C001 and C002
respectively, which are Hitachi Zosen Corporation Selective Catalytic Reduction
(SCR) systems. All units burn natural gas.
1. Emission Limitations
a. Turbines only
(1) Nitrogen oxides (as nitrogen dioxide (NO2))
(a) The concentration of nitrogen oxides discharged to the
atmosphere from each stack shall not exceed 2.0 ppmv, on a
dry basis, corrected to 15 percent O2 (1-hour average). [RI-
PSD-6(A)(1)(a)(1), 40 CFR 60.332(a)(1)]
(b) The emission rate of nitrogen oxides discharged to the
atmosphere from each stack shall not exceed 16.2 lbs/hr.
[RI-PSD-6(A)(1)(a)(2), 40 CFR 60.332(a)(1)]
(2) Carbon Monoxide (CO)
(a) The concentration of carbon monoxide discharged to the
atmosphere from each stack shall not exceed 15.9 ppmv, on
a dry basis, corrected to 15 percent O2 (1 hour average). [RI-
PSD-6(A)(1)(b)(1)]
(b) The emission rate of carbon monoxide discharged to the
atmosphere from each stack shall not exceed 77.8 lbs/hr.
[RI-PSD-6(A)(1)(b)(2)]
Permit No. RI-46-15 (R1) Page 2 of 62 Expiration Date: 10-05-20
(3) Sulfur Dioxide (SO2)
The emission rate of sulfur dioxide discharged to the atmosphere
from each stack shall not exceed 0.0054 lbs per million BTU heat
input (HHV) or a maximum of 11.8 lbs/hr, whichever is more
stringent. [RI-PSD-6(A)(1)(c)(1), 40 CFR 60.333(a)]
(4) Particulate Matter less than 10 microns (PM-10)
The emission rate of PM-10 discharged to the atmosphere from each
stack shall not exceed 0.009 lbs per million BTU heat input (HHV)
or a maximum of 18.3 lbs/hr. [RI-PSD-6(A)(1)(d)(1)]
(5) Volatile Organic Compounds (VOC)
(a) The concentration of volatile organic compounds discharged
to the atmosphere from each stack shall not exceed 2.0
ppmv, on a dry basis, corrected to 15 percent O2 (1-hour
average). [RI-PSD-6(A)(1)(e)(1)]
(b) The emission rate of volatile organic compounds discharged
to the atmosphere from each stack shall not exceed 5.6
lbs/hr. [RI-PSD-6(A)(1)(e)(2)]
(6) Ammonia (NH3)
(a) The concentration of ammonia discharged to the atmosphere
from each stack shall not exceed 5 ppmv, on a dry basis,
corrected to 15 percent O2 (1-hour average). [RI-PSD-
6(A)(1)(f)(1)]
(b) The emission rate of ammonia discharged to the atmosphere
from each stack shall not exceed 14.8 lbs/hr. [RI-PSD-
6(A)(1)(f)(2)]
b. Turbines with duct burners firing
(1) Nitrogen oxides (as nitrogen dioxide (NO2))
(a) The concentration of nitrogen oxides discharged to the
atmosphere from each stack shall not exceed 2.0 ppmv, on a
dry basis, corrected to 15 percent O2 (1-hour average). [RI-
PSD-6(A)(2)(a)(1), 40 CFR 60.332(a)(1)]
(b) The emission rate of nitrogen oxides discharged to the
atmosphere from each stack shall not exceed 17.0 lbs/hr.
[RI-PSD-6(A)(2)(a)(2), 40 CFR 60.332(a)(1)]
Permit No. RI-46-15 (R1) Page 3 of 62 Expiration Date: 10-05-20
(2) Carbon Monoxide (CO)
(a) The concentration of carbon monoxide discharged to the
atmosphere from each stack shall not exceed 17.8 ppmv, on
a dry basis, corrected to 15 percent O2 (1 hour average). [RI-
PSD-6(A)(2)(b)(1)]
(b) The emission rate of carbon monoxide discharged to the
atmosphere from each stack shall not exceed 88.1 lbs/hr.
[RI-PSD-6(A)(2)(b)(2)]
(3) Sulfur Dioxide (SO2)
The emission rate of sulfur dioxide discharged to the atmosphere
from each stack shall not exceed 0.0054 lbs per million BTU heat
input (HHV) or a maximum of 12.4 lbs/hr, whichever is more
stringent. [RI-PSD-6(A)(2)(c)(1), 40 CFR 60.333(a)]
(4) Particulate Matter less than 10 microns (PM-10)
The emission rate of PM-10 discharged to the atmosphere from each
stack shall not exceed 0.009 lbs per million BTU heat input (HHV)
or a maximum of 20.7 lbs/hr. [RI-PSD-6(A)(2)(d)(1)]
(5) Volatile Organic Compounds (VOC)
(a) The concentration of volatile organic compounds discharged
to the atmosphere from each stack shall not exceed 2.9
ppmv, on a dry basis, corrected to 15 percent O2 (1-hour
average). [RI-PSD-6(A)(2)(e)(1)]
(b) The emission rate of volatile organic compounds discharged
to the atmosphere from each stack shall not exceed 6.8
lbs/hr. [RI-PSD-6(A)(2)(e)(2)]
(6) Ammonia (NH3)
(a) The concentration of ammonia discharged to the atmosphere
from each stack shall not exceed 5 ppmv, on a dry basis,
corrected to 15 percent O2 (1-hour average). [RI-PSD-
6(A)(2)(f)(1)]
(b) The emission rate of ammonia discharged to the atmosphere
from each stack shall not exceed 15.5 lbs/hr. [RI-PSD-
6(A)(2)(f)(2)]
Permit No. RI-46-15 (R1) Page 4 of 62 Expiration Date: 10-05-20
c. Opacity
Visible emissions from either G001 and/or G002 shall not exceed 10%
opacity except for a period or periods aggregating no more than three
minutes in any one hour. [RI-PSD-6(B)(2), 1.2] Where the presence of
uncombined water is the only reason for failure to meet this requirement,
such failure shall not be a violation of this permit. [1.4]
2. Operating Requirements
a. Natural gas shall be the only fuel fired in G001, G002 and the duct burners.
[RI-PSD-6(B)(1)]
b. The combined quantity of natural gas combusted in the two duct burners in
the two heat recovery steam generators shall not exceed 564,466,000 ft3 per
year (12-month rolling average). [RI-PSD-6(B)(3)]
c. The maximum heat input rate to G001 and G002 each, shall not exceed
2192.1 million BTUs per hour based on a reference temperature of -13°F
(HHV). [RI-PSD-6(B)(5)]
d. The maximum heat input rate to the duct burners in each heat recovery
steam generator shall not exceed 102.5 million BTUs per hour (HHV). [RI-
PSD-6(B)(6)]
e. There shall be no bypassing of C001 and/or C002 during start-up, operation
or shutdown. Ammonia will not be injected during start-up or shutdown
unless the catalyst bed is at, or above, the manufacture’s specified minimum
operating temperature of 518oF. [RI-PSD-6(G)(1)]
f. C001 and C002 shall be operated according to their design specifications
whenever G001 and/or G002 is in operation or is emitting air contaminants.
[16.2]
g. Malfunctions
(1) In the case of a malfunction of C001 and/or C002, all reasonable
measures shall be taken to assure resumption of the designed control
efficiency as soon as possible. In the event that the malfunction of
C001 and/or C002 is expected or may reasonably be expected to
continue for longer than 24 hours and if the permittee wishes to
operate G001 and/or G002 beyond that period, the Director shall be
petitioned for a variance under Section 23-23-15 of the General
Laws of Rhode Island, as amended. Such petition shall include but
is not limited to, the following: [RI-PSD-6(F)(1) 16.3]
Permit No. RI-46-15 (R1) Page 5 of 62 Expiration Date: 10-05-20
(a) Identification of the specific air pollution control system (i.e.
C001 and/or C002) and the source on which it is installed
(i.e. G001 and/or G002), [RI-PSD-6(F)(1), 16.3(a)]
(b) The expected period of time that control system will be
malfunctioning or out of service, [RI-PSD-6(F)(1)(b),
16.3(b)]
(c) The nature and quantity of air contaminants likely to be
emitted during said period, [RI-PSD-6(F)(1)(c), 16.3(c)]
(d) Measures that will be taken to minimize the length of said
period, and [RI-PSD-6(F)(1)(d), 16.3(d)]
(e) The reasons it would be impossible or impractical to cease
the source operation during said period. [RI-PSD-6(F)(1)(e),
16.3(e)]
Nothing in this provision or in any state variance shall alter the
permittee’s obligation under the federal Clean Air Act to comply
with the terms and conditions of this permit. [RI-PSD-6(F)(1)]
(2) The permittee may seek to establish that a malfunction of C001
and/or C002 that would result in noncompliance with any of the
terms of Section I.A. of this permit or any other applicable air
pollution control rules and regulations was due to unavoidable
increases in emissions attributable to the malfunction. To do so, the
permittee must demonstrate to the Office of Air Resources that: [RI-
PSD-6(F)(2)]
(a) The malfunction was not attributable to improperly designed
air pollution control equipment, lack of preventative
maintenance, careless or improper operation, or operator
error; [RI-PSD-6(F)(2)(a)]
(b) The malfunction was not part of a recurring pattern
indicative of inadequate design, operation or maintenance;
[RI-PSD-6(F)(2)(b)]
(c) Repairs necessary to bring the air pollution control system
back to operating at its design control efficiency were
performed in an expeditious fashion. Off-shift labor and
overtime should be utilized, to the extent practicable, to
ensure that such repairs were completed as expeditiously as
practicable. Any parts or material needed should be shipped
overnight where possible or practical. [RI-PSD-6(F)(2)(c)]
Permit No. RI-46-15 (R1) Page 6 of 62 Expiration Date: 10-05-20
(d) All possible steps were taken to minimize emissions during
the period of time that the repairs were performed. [RI-PSD-
6(F)(2)(d)]
(e) Emissions during the period of time that the repairs were
performed will not cause or contribute to air pollution in
violation of any applicable state or national ambient air
quality standard. [RI-PSD-6(F)(2)(e)]
(f) The reasons that it would be impossible or impractical to
cease the source operation during said period. [RI-PSD-
6(F)(2)(f)]
This demonstration must be provided to the Office of Air Resources,
in writing, within two working days of the time when the
malfunction occurred and contain a description of the malfunction,
any steps taken to minimize emissions and corrective actions taken.
The permittee shall have the burden of proof in seeking to establish
that noncompliance was due to unavoidable increases in emissions
attributable to the malfunction. [RI-PSD-6(F)(2)]
3. Monitoring Requirements
a. Continuous emission monitoring systems (CEMS) shall be, operated and
maintained for nitrogen oxides, carbon monoxide, ammonia and oxygen.
[RI-PSD-6(C)(1), 40 CFR 75.10(a)(1)-(4), 40 CFR 60.334(c)]
b. The continuous monitors must satisfy USEPA performance specifications
and quality assurance procedures in 40 CFR 60, Appendices B & F, and
Part 75, Appendices A & B as applicable. [RI-PSD-6(C)(2), 40 CFR
75.10(a)(2), 40 CFR 75.10(d), 40 CFR 60.334(c), 40 CFR 60.13(e)]
c. The permittee shall operate and maintain a continuous on-line gas
chromatograph to measure the gross calorific value (GCVg) of the natural
gas in accordance with the manufacturer's instructions. [Letter dated March
14, 2013 from Reid P. Harvey of the USEPA to Edward Trump of Entergy
Rhode Island State Energy, L.P.]
d. Sulfur Dioxide
(1) The permittee shall certify, operate, maintain and record the output
of fuel flow meters for natural gas and calculate the sulfur-dioxide
emissions for each hour of operation as follows: [40 CFR 75.10(a),
40 CFR 75.11(d)(2) and 40 CFR 75, Appendix D]
MSO2g = ERSO2 x HIg
Permit No. RI-46-15 (R1) Page 7 of 62 Expiration Date: 10-05-20
Where: MSO2g = Hourly mass of SO2 emissions from
the combustion of pipeline natural
gas, lb/hr.
ERSO2 = SO2 emission rate of 0.0006
lb/MMBTU for pipeline natural gas.
HIg = Hourly heat input of pipeline natural
gas calculated using the procedures
in Appendix F of 40 CFR 75, in
MMBTU/hr.
HIg = (Qg x GCVg)/10000
Where: Qg = Fuel consumption in 100 scf/hr.
GCVg = Gross calorific value of
natural gas fuel in BTU/scf as
measured by a continuous on-line gas
chromatograph, provided on an hourly
basis. [Letter dated March 14, 2013
from Reid P. Harvey of the USEPA to
Edward Trump of Entergy Rhode
Island State Energy, L.P.]
(2) For periods of missing GCVg data, the permittee shall use substitute
data values in the calculations, as follows: [Letter dated March 14,
2013 from Reid P. Harvey of the USEPA to Edward Trump of
Entergy Rhode Island State Energy, L.P.]
(a) Provided that at least on valid GCVg measurement is
obtained in a given month, substitute, for each hour of the
missing data period, the arithmetic average of the GCVg
values from the hour before and the hour after the missing
data incident; or
(b) In accordance with section 2.4.1 of Appendix D to 40 CFR
Part 75, if no valid GCVg values are obtained in a given
month, substitute, for each hour of the missing data period,
the maximum potential GCVg value of 110,000 Btu per 100
scf, from Table D-6 in Appendix D to Part 75.
Permit No. RI-46-15 (R1) Page 8 of 62 Expiration Date: 10-05-20
e. Nitrogen Oxides
(1) The permittee shall install, certify, operate and maintain, in
accordance with the requirements of 40 CFR Part 75, a NOx
continuous emission monitoring system (consisting of the NOx
pollutant concentration monitor, the CO2 diluent gas monitor and a
data acquisition and handling system) to measure NOx emission rate
and for a fuel flow meter for natural gas to measure heat input rate.
The permittee shall account for total NOX emissions, both NO and
NO2, either by monitoring for both NO and NO2 or by monitoring
for NO only and adjusting the emissions data to account for NO2.
[40 CFR 75.10(a)(2)]
(2) The NOx continuous emission monitoring system must meet the
initial certification and recertification requirements in 40 CFR
75.20, and the quality assurance and quality control requirements in
40 CFR 75.21 and Appendix B of 40 CFR Part 75. [40 CFR 75.20,
40 CFR 75.21]
(3) The permittee shall provide substitute data according to the missing
data procedures in 40 CFR Part 75, Subpart D. [40 CFR 75.30(a)]
(4) The permittee shall ensure that the NOx continuous emission
monitoring system meets the equipment, installation, and
performance specifications in Appendix A of 40 CFR Part 75; and
is maintained according to the quality assurance and quality control
procedures in Appendix B of 40 CFR Part 75; and shall record NOx
emissions in lbs/MMBtu. [40 CFR 75.10(b)]
(5) The continuous emission monitoring system for nitrogen oxides
shall complete a minimum of one cycle of operation (sampling,
analyzing and data recording) for each successive 15-minute period.
The permittee shall reduce the NOx concentration and NOx
emission rate data collected by the monitors to hourly averages,
computed using at least one data point in each fifteen minute
quadrant of an hour where the unit combusted fuel during that
quadrant of an hour. An hourly average may be computed from at
least two data points separated by a minimum of 15 minutes if data
are unavailable as a result of the performance of calibration, quality
assurance, or preventative maintenance activities, backups of data
from the data acquisition and handling system, or recertification.
The permittee shall use all valid measurements or data points
collected during an hour to calculate the hourly averages. All data
points collected during the hour shall be, to the extent practicable,
evenly spaced over the hour. [40 CFR 75.10(d)(1), 40 CFR
60.334(b)(2), 40 CFR 60.334(b)(3)]
Permit No. RI-46-15 (R1) Page 9 of 62 Expiration Date: 10-05-20
(6) The permittee shall continuously measure natural gas flow to G001
and G002 using fuel flow meter systems certified under 40 CFR Part
75, Appendix D. The permittee shall determine and record the heat
input to G001 and G002 for every hour or part of an hour natural gas
is combusted following the procedures in 40 CFR 75, Appendix F.
[RI-PSD-6(C)(5), 40 CFR 75.10(c)]
(7) The permittee shall ensure that the NOx continuous emission
monitoring system and each component thereof is capable of
accurately measuring, recording and reporting data and shall not
incur an exceedance of the full scale range, except as provided in
sections 2.1.1.5, 2.1.2.5 and 2.1.4.3 of 40 CFR 75, Appendix A. [40
CFR 75.10(f)]
(8) The emissions measurements recorded and reported in accordance
with this subsection shall be used to determine compliance with the
nitrogen oxides emission limitations in Conditions I.A.1.a and
I.A.1.b of this permit. [40 CFR 60.334(b)(3)(i)]
(9) The permittee shall calculate hourly NOx mass emissions (in lbs) for
each emission unit by multiplying the hourly NOx emission rate in
(lbs/MMBTU) by the hourly heat input rate (in MMBTU/hr) and the
unit operating time. The permittee shall also calculate quarterly and
cumulative year-to-date NOx mass emissions and cumulative NOx
mass emissions for the ozone season (in tons) by summing the
hourly NOx mass emissions according to the applicable procedures
in section 8 of Appendix F of 40 CFR 75. [29.6.3(b)]
(10) The permittee shall not use any alternative monitoring system,
alternative reference method, or any other alternative for the
required continuous emission monitoring system without having
obtained prior written approval in accordance with 40 CFR 75.23,
40 CFR 75.48 and 40 CFR 75.66. [40 CFR 75.5(c)]
(11) The permittee shall not operate G001 and/or G002 so as to
discharge, or allow to be discharged, NOx emissions to the
atmosphere without accounting for all such emissions in accordance
with the applicable provisions of this section and 40 CFR Part 75.10
through 75.19. [40 CFR 75.5(d)]
(12) The permittee shall not disrupt the continuous emission monitoring
system, any portion thereof, or any other approved emission
monitoring method, and thereby avoid monitoring and recording
NOx mass emissions discharged into the atmosphere, except for
periods of recertification or periods when calibration, quality
assurance testing, or maintenance is performed pursuant to 40 CFR
Part 75.21 and Appendix B to 40 CFR Part 75. [40 CFR 75.75(e)]
Permit No. RI-46-15 (R1) Page 10 of 62 Expiration Date: 10-05-20
(13) The permittee shall not retire or permanently discontinue use of the
continuous emission monitoring system, any component thereof, or
any other approved emission monitoring system under this section,
except under any one of the following circumstances:
(a) During the period that the unit is covered by a retired unit
exemption under 40 CFR 72.8 that is in effect;
(b) The permittee is monitoring emissions from the unit with
another certified monitoring system approved, in accordance
with the applicable provisions of this section and 40 CFR
Part 75, by the Department, for use at that unit that provides
emission data for the same pollutant or parameter as the
retired or discontinued monitoring system; or
(c) The designated representative submits notification of the
date of certification testing of a replacement monitoring
system in accordance with 40 CFR 75.20 and 75.61 and the
permittee recertifies thereafter a replacement monitoring
system in accordance with 40 CFR 75.20. [40 CFR 75.5(f)]
(14) Failure of the NOx continuous emission monitoring system to
acquire the minimum number of data points for calculation of an
hourly average in paragraph (6) of this subsection shall result in the
failure to obtain a valid hour of data and the loss of such component
data for the entire hour. For the NOx continuous emission
monitoring system, an hourly average NOx emission rate in
lb/MMBtu is valid only if the minimum number of data points is
acquired by both the NOx pollutant concentration monitor and the
diluent monitor (CO2). If a valid hour of data is not obtained, the
permittee shall estimate and record emissions for the missing hour
by means of the automated data acquisition and handling system, in
accordance with the applicable procedure for missing data
substitution in 40 CFR 75, Subpart D. [40 CFR 75.10(d)(3), 40 CFR
60.334(b)(3)(iii)]
(15) The relative accuracy test audit (RATA) of the NOx and diluent
monitors shall be performed on a ppm and lb/MMBTU basis for
NOx and a percent O2 basis for oxygen. [40 CFR 75, Appendix A,
40 CFR 60.334(c)(1)(i)]
f. Carbon Monoxide
(1) The continuous emission monitoring system for carbon monoxide
consists of the carbon monoxide continuous emission monitor and
the oxygen continuous emission monitor. [40 CFR 60, Appendix B]
Permit No. RI-46-15 (R1) Page 11 of 62 Expiration Date: 10-05-20
(2) The continuous emissions monitoring system for carbon monoxide
must satisfy USEPA performance specifications and quality
assurance procedures in 40 CFR 60, Appendices B & F, as
applicable. [RI-PSD-6(C)(2)]
(3) The permittee shall check the zero (or low-level value between 0
and 20 percent of span value) and span (50 to 100 percent of span
value) calibration drifts at least once daily in accordance with the
applicable requirements of 40 CFR 60 Subpart A and Appendix B.
[40 CFR 60.13(d)(1)]
(4) The continuous monitoring system for carbon monoxide shall
complete a minimum of one cycle of operation (sampling, analyzing
and data recording) for each successive 15-minute period. [40 CFR
60.13(e)(2)]
(5) The permittee shall reduce all data to 1-hour averages, computed
from four or more data points equally spaced over each 1-hour
period. Data recorded during periods of continuous monitoring
system breakdowns, repairs, calibrations checks, zero and span
adjustments shall not be included in the data averages computed. [40
CFR 60.13(h)]
g. Carbon Dioxide
The permittee shall certify, operate, maintain and record the output of fuel
flow meters for natural gas and calculate the carbon dioxide emissions for
each day of operation as follows:
WCO2 = (Fc x H x Uf x MWCO2)/2000
Where: WCO2 = Daily mass of CO2 emissions from the
combustion of pipeline natural gas, tons/day.
Fc = Carbon based F-factor, 1040 scf/MMBTU
for pipeline natural gas.
H = Daily heat input of pipeline natural gas
calculated using the company records.
Uf = 1/385 scf CO2/lb-mole at 14.7 psia and 68oF
MWCO2 = Molecular weight of carbon dioxide (44
lb/mole).
[40 CFR 75.10(a)(3)(ii), 40 CFR 75.13(b) and 40 CFR 75, Appendix G]
Permit No. RI-46-15 (R1) Page 12 of 62 Expiration Date: 10-05-20
h. Ammonia
The permittee shall monitor ammonia concentrations in the turbine flue
gases by using a second nitrogen oxides CEMS and an ammonia injection
rate monitor to calculate ammonia emissions. This upstream probe shall be
located between the duct burners and the selective catalytic reduction
system and upstream of the stack nitrogen oxides CEMS. This condition
shall not be construed to set a minimum control efficiency limit for nitrogen
oxide emissions from G001 and G002. [RI-PSD-5(C)(1)]
i. Catalyst Bed Temperature
The permittee shall continuously measure the catalyst bed temperature of
C001. [RI-PSD-5(C)(7)]
4. Testing Requirements
a. Opacity
Test for determining compliance with the opacity emissions limitations
specified in Conditions I.A.1.c of this permit shall be performed as per 40
CFR 60, Appendix A, Method 9. Additionally, all observers must qualify
as per 40 CFR 60, Appendix A, Method 9. [1.3.1, 1.3.2]
b. Nitrogen Oxides
Monitoring of nitrogen fuel is not required so long as the facility fires solely
with pipeline-quality natural gas. The permittee will use CEMS to monitor
NOx emissions from G001 and G002. The CEMS will be maintained and
certified in accordance Condition I.A.3.e of this permit. [Letter dated April
24, 2001 from Ken Moraff of the USEPA to Richard Piper of FPLE Rhode
Island Energy Partners, L.P., RI-PSD-6(G)(12), 60.334(h)(4)]
c. Sulfur Dioxide
(1) Monitoring of sulfur fuel is not required so long as the following
conditions are met: [Letter dated April 24, 2001 from Ken Moraff
of the USEPA to Richard Piper of FPLE Rhode Island Energy
Partners, L.P., RI-PSD-6(G)(12), 60.334(h)(4)]
(a) G001 and G002 are fired solely with pipeline-quality natural
gas;
(b) G001 and G002 has been issued and is in possession of an
approved Phase II Acid Rain Permit;
Permit No. RI-46-15 (R1) Page 13 of 62 Expiration Date: 10-05-20
(c) A Monitoring Plan, certified by signature of the Designated
Representative for emission units G001 and G002, has been
submitted for each unit.
5. Recordkeeping Requirements
a. Data shall be recorded continuously in accordance with the requirements of
40 CFR 60 and 40 CFR 75. Continuous emission monitoring data may be
used as evidence in determining the permittee’s compliance/noncompliance
with the conditions and emission limitations contained in Section I.A of this
permit [RI-PSD-6(C)(4)]
b. Natural gas flow to each combustion turbine and each duct burner shall be
continuously recorded. [RI-PSD-6(C)(5)]
c. Inlet temperature to the SCR catalyst shall be continuously recorded. [RI-
PSD-6(C)(7)]
d. The permittee shall maintain a record of all measurements, performance
evaluations, calibration checks, and maintenance or adjustments for each
continuous monitor in accordance with the requirements of 40 CFR 60 and
40 CFR 75. [RI-PSD-6(E)(1)]
e. The permittee shall include information on the maintenance and quality-
assurance activities associated with the continuous on-line gas
chromatographs in the permittee's quality control/quality assurance
program that is required by section 1 of Appendix B to Part 75. [Letter dated
March 14, 2013 from Reid P. Harvey of the USEPA to Edward Trump of
Entergy Rhode Island State Energy, L.P.]
f. The permittee shall maintain the following records: [RI-PSD-6(E)(5)]
(1) The hours of operation, including any start up, shut down or
malfunction in the operations of the facility. [RI-PSD-6(E)(5)(a)]
(2) The quantity of natural gas combusted in the duct burners in each
heat recovery steam generator. [RI-PSD-6(E)(5)(b)]
(3) Any malfunction of C001 and/or C002. [RI-PSD-6(E)(5)(c)]
(4) Inlet temperature to the SCR catalyst. [RI-PSD-6(E)(5)(d)]
g. The permittee shall, on a monthly basis, no later than 10 days after the first
of each month, determine the combined quantity of natural gas combusted
in the two duct burners in the two heat recovery steam generators for the
previous 12 months. The permittee shall keep records of this determination
and provide such records to the Office of Air Resources upon request. [RI-
PSD-6(E)(10)]
Permit No. RI-46-15 (R1) Page 14 of 62 Expiration Date: 10-05-20
h. The permittee shall maintain a file of all measurements, including
continuous monitoring system, monitoring devices and performance testing
measurements; all CMS calibration checks; adjustments and maintenance
performance on these systems or devices; and all other information required
shall be recorded in a permanent form suitable for inspection. [40 CFR
60.7(f)]
6. Reporting Requirements
a. The permittee shall notify the Office of Air Resources, in writing, after an
exceedance of any emission limitation is discovered. This notification shall
be made within five (5) days of the exceedance. Notification shall be
provided on forms furnished by the Office of Air Resources and must
provide all of the information requested on the form. This notification shall
not excuse the permittee of any other reporting obligations under the federal
or state law. An exceedance of any emission limits due to an emergency or
malfunction shall not be deemed a federally permitted release as that term
is used in 42 U.S.C. section 9601(10). [RI-PSD-6(E)(2)]
b. The permittee shall notify the Office of Air Resources, in writing, after the
discovery that a continuous emission monitor has experienced a
malfunction that results in the failure to meet an applicable data capture
requirement. This notification shall be made within five (5) days of when
the continuous emission monitor malfunctioned. Notification shall be
provided on forms furnished by the Office of Air Resources and must
provide all of the information requested on the form. [RI-PSD-6(E)(3)]
c. The permittee shall notify the Office of Air Resources of any anticipated
noncompliance with the terms of Section I.A of this permit or any other
applicable air pollution control rules or regulations. [RI-PSD-6(E)(4)]
d. The permittee shall notify the Office of Air Resources in writing within 15
days, whenever the combined quantity of natural gas combusted in the two
duct burners in the two heat recovery steam generator exceeds 564,466,000
ft3 in any 12-month period. [RI-PSD-6(E)(12)]
e. The permittee shall submit a written report of excess emissions as measured
by a continuous emission monitor for every calendar quarter. All quarterly
reports shall be received no later than 30 days following the end of each
calendar quarter and shall include the following information: [RI-PSD-
6(E)(20), 40 CFR 60.7(c)]
(1) The date and time of commencement and completion of each time
period of excess emissions and the magnitude of the excess
emissions. [RI-PSD-6(E)(20), 40 CFR 60.7(c)(1)]
Permit No. RI-46-15 (R1) Page 15 of 62 Expiration Date: 10-05-20
(2) Identification of the suspected reason for the excess emissions and
any corrective action taken. [RI-PSD-6(E)(20), 40 CFR 60.7(c)(2)]
(3) The date and time period any continuous emission monitor was
inoperative, except for zero and span checks and the nature of
system repairs or adjustments. [RI-PSD-6(E)(20), 40 CFR
60.7(c)(3)]
(4) When none of the above items have occurred, such information shall
be stated in the report. The reporting format and content described
in 40 CFR 60 shall be deemed acceptable for satisfaction of this
requirement. [RI-PSD-6(E)(20), 40 CFR 60.7(c)(4)]
f. The excess emissions and monitoring systems performance report shall
report separately, for nitrogen oxides and sulfur dioxide, excess emissions
and monitor downtime as defined in 40 CFR 60.334(j). Excess emissions
and monitor downtime that shall be reported separately are defined as
follows:
(1) Nitrogen Oxides
(a) An hour of excess emissions shall be any unit operating hour
in which the 4-hour rolling average NOX concentration
exceeds 75 ppmv, on a dry basis, corrected to 15% O2. A “4-
hour rolling average NOX concentration” is the arithmetic
average of the average NOX concentration measured by the
CEMS for a given hour (corrected to 15 percent O2) and the
three unit operating hour average NOX concentrations
immediately preceding that unit operating hour. [40 CFR
60.334(j)(1)(iii)(A)]
(b) A period of monitor downtime shall be any unit operating
hour in which sufficient data are not obtained to validate the
hour, for either NOX concentration or diluent (or both). [40
CFR 60.334(j)(1)(iii)(B)]
(2) Sulfur Dioxide
(a) An excess emission occurs each unit operating hour included
in the period beginning on the date and hour of any sample
for which the sulfur content of the fuel being fired in the gas
turbine exceeds 0.8 weight percent and ending on the date
and hour that a subsequent sample is taken that demonstrates
compliance with the sulfur limit. [40 CFR 60.334(j)(2)(i)]
(b) A period of monitor downtime begins when a required
sample is not taken by its due date. A period of monitor
downtime also begins on the date and hour of a required
Permit No. RI-46-15 (R1) Page 16 of 62 Expiration Date: 10-05-20
sample, if invalid results are obtained. The period of monitor
downtime shall include only unit operating hours, and ends
on the date and hour of the next valid sample. [40 CFR
60.334(j)(2)(iii)]
g. The summary report form shall contain the information in Condition
I.A.6.e.(1-4) and be in the format shown in 40 CFR 60 subsection 60.7
Figure – 1 unless otherwise specified by the Office of Air Resources. One
summary report form shall be submitted for each pollutant monitored at
each affected facility. [40 CFR 60.7(d)]
h. If the total duration of excess emissions for the reporting period is less than
1 percent of the total operating time for the reporting period and CMS
downtime for the reporting period is less than 5 percent of the total operating
time for the reporting period, only the summary report form shall be
submitted and the excess emission report described in Condition I.A.6.e of
this section need not be submitted unless requested by the Office of Air
Resources. [40 CFR 60.7(d)(1)]
i. If the total duration of excess emissions for the reporting period is 1 percent
or greater of the total operating time for the reporting period or the total
CMS downtime for the reporting period is 5 percent or greater of the total
operating time for the reporting period, the summary report form and the
excess emission report described in Condition I.A.6.e of this section shall
both be submitted. [40 CFR 60.7(d)(2)]
j. The designated representative for Rhode Island State Energy Center, L.P.
shall submit written notice to the Administrator, USEPA Region 1 and the
Office of Air Resources as required by 40 CFR 75.61. [40 CFR 75.61(a)]
k. The facility shall have the capability of transmitting all of the collected
continuous monitoring data to the Office of Air Resources via a telemetry
system. The permittee must provide all of the necessary funds for operation
of this equipment. [RI-PSD-6(C)(8)]
l. The permittee shall report to the Office of Air Resources in writing,
whenever the sulfur content of the natural gas fired in G001 and G002
exceeds 0.8%. [40 CFR 60.334(b)]
7. Other Requirements
a. To the extent consistent with the requirements in Section I.A. of this permit
and applicable federal and state laws, the facility shall be operated in
accordance with the representation of the facility in the Major Source permit
application. [RI-PSD-6(G)(3)]
b. Emission units G001 and G002 are subject to the requirements of the
Federal New Source Performance Standards 40 CFR 60, Subparts A
Permit No. RI-46-15 (R1) Page 17 of 62 Expiration Date: 10-05-20
(General Provisions), Da (Electric Utility Steam Generating Units) and GG
(Stationary Gas Turbines). Compliance with all applicable provisions of
these regulations is required. [RI-PSD-6(G)(5)]
8. Startup/Shutdown Conditions
a. G001 and G002 startup shall be defined as that period of time from initiation
of combustion turbine firing until the unit reaches steady state load
operation. Steady state operation shall be reached when the combustion
turbine reaches minimum load (70%) and the steam turbine is declared
available for load changes. This period shall not exceed 90 minutes for a
hot start, 180 minutes for a warm start, or 300 minutes for a cold start. A
warm start shall be defined as startup when the generating unit has been
down for more than 2 hours and less than or equal to 24 hours. A cold start
shall be defined as startup when the generating unit has been down for more
than 24 hours or a startup when the heat recovery steam generator high-
pressure drum is below 450 psig. Qualifying for a cold startup supersedes a
warm startup or hot startup qualification. Unit shutdown shall be defined as
that period of time from steady state operation to cessation of combustion
turbine firing. This period shall not exceed 60 minutes. [RI-PSD-6(H)(1)]
b. The emission limitations of Conditions I.A.1.a(1-6) and I.A.1.b(1-6) shall
not apply to G001 or G002 startup/shutdown conditions. [RI-PSD-6(H)(2)]
c. Hourly average emissions of nitrogen oxides, carbon monoxide and
ammonia shall not exceed the following limits during turbine startup: [RI-
PSD-6(H)(3)]
(1) Nitrogen oxides (as nitrogen dioxide (NO2)
(a) The concentration of nitrogen oxides discharged to the
atmosphere from each stack shall not exceed 70 ppmv, on a
dry basis, corrected to 15 percent O2. [RI-PSD-
6(H)(3)(a)(1)]
(b) The emission rate of nitrogen oxides discharged to the
atmosphere from each stack shall not exceed 195 lbs/hr. [RI-
PSD-6(H)(3)(a)(2)]
(2) Carbon Monoxide (CO)
(a) The concentration of carbon monoxide discharged to the
atmosphere from each stack, during a hot start or a warm
start, shall not exceed 2892 ppmv, on a dry basis, corrected
to 15 percent O2. [RI-PSD-6(H)(3)(b)(1)]
(b) The concentration of carbon monoxide discharged to the
atmosphere from each stack, during a cold start, shall not
Permit No. RI-46-15 (R1) Page 18 of 62 Expiration Date: 10-05-20
exceed 4172 ppmv, on a dry basis, corrected to 15 percent
O2. [RI-PSD-6(H)(3)(b)(2)]
(c) The emission rate of carbon monoxide discharged to the
atmosphere from each stack, during a hot start or a warm
start, shall not exceed 4230 lbs/hr. [RI-PSD-6(H)(3)(b)(3)]
(d) The emission rate of carbon monoxide discharged to the
atmosphere from each stack, during a cold start, shall not
exceed 6615 lbs/hr. [RI-PSD-6(H)(3)(b)(4)]
(3) Ammonia
(a) The concentration of ammonia discharged to the atmosphere
from each stack shall not exceed 22 ppmv, on a dry basis,
corrected to 15 percent O2. [RI-PSD-6(H)(3)(c)(1)]
(b) The emission rate of ammonia discharged to the atmosphere
from each stack shall not exceed 40 lbs/hr. [RI-PSD-
6(H)(3)(c)(2)]
The average of the hourly emission rates for these emissions during each
startup/shutdown period shall be used to determine compliance with this
condition. [RI-PSD-6(H)(3)]
d. Hourly average emissions of nitrogen oxides, carbon monoxide and
ammonia shall not exceed the following limits during turbine shutdown:
[RI-PSD-6(H)(4)]
(1) Nitrogen oxides (as nitrogen dioxide (NO2)
(a) The concentration of nitrogen oxides discharged to the
atmosphere from each stack shall not exceed 73 ppmv, on a
dry basis, corrected to 15 percent O2. [RI-PSD-
6(H)(4)(a)(1)]
(b) The emission rate of nitrogen oxides discharged to the
atmosphere from each stack shall not exceed 129 lbs/hr. [RI-
PSD-6(H)(4)(a)(2)]
(2) Carbon Monoxide (CO)
(a) The concentration of carbon monoxide discharged to the
atmosphere from each stack shall not exceed 3548 ppmv, on
a dry basis, corrected to 15% O2. [RI-PSD-6(H)(4)(b)(1)]
Permit No. RI-46-15 (R1) Page 19 of 62 Expiration Date: 10-05-20
(b) The emission rate of carbon monoxide discharged to the
atmosphere from each stack shall not exceed 5531 lbs/hr.
[RI-PSD-6(H)(4)(b)(2)]
(3) Ammonia
(a) The concentration of ammonia discharged to the atmosphere
from each stack shall not exceed 16 ppmv, on a dry basis,
corrected to 15 percent O2. [RI-PSD-6(H)(4)(c)(1)]
(b) The emission rate of ammonia discharged to the atmosphere
from each stack shall not exceed 36 lbs/hr. [RI-PSD-
6(H)(4)(c)(2)]
The average of the hourly emission rates for these emissions during each
startup/shutdown period shall be used to determine compliance with this
condition. [RI-PSD-6(H)(4)]
e. The permittee shall follow proper operating procedures during turbine
startup/shutdown conditions to minimize the emissions of air contaminants
to the maximum extent practical. The procedures to be followed during
turbine startup/shutdown conditions shall be those that were submitted to
the Office of Air Resources prior to startup of this facility. [RI-PSD-
6(H)(5)]
B. Requirements for Emissions Unit P005
The following requirements are applicable to:
• Emission unit P005, which is a Psychrometric Systems Inc., Cooling Tower, Model
No. CFF-424831-9I-33.
1. Operating Requirements
a. P005 shall be equipped with High Efficiency Drift Eliminators to minimize
water drift losses and plume visibility. In addition, should plant personnel
observe the cooling tower plume descending upon Shun Pike, the permittee
will immediately implement operational plume control techniques to
minimize the plume and will increase the free chlorine to 0.7 ppm as long
as total chlorine remains less than 3 ppm. [RI-PSD-6(L)(1)]
b. Drift from P005 shall be limited to 0.0005% of circulating water flow. [RI-
PSD-6(L)(2)]
c. The permittee must perform performance tests to verify the operating
efficiency of the High Efficiency Drift Eliminators. These tests must be
performed by a licensed Cooling Tower Institute drift testing firm. The tests
Permit No. RI-46-15 (R1) Page 20 of 62 Expiration Date: 10-05-20
at a minimum must sample three cells within a three year period with a
minimum of 2 runs per cell. The cells sampled must be rotated to ensure
that all cells have been tested in a 5-year period. The protocol for this testing
must be submitted to the Office of Air Resources for review and approval
60 days prior to testing. The permittee must coordinate with the Office of
Air Resources in scheduling the test. The Office of Air Resources will have
the right to have an inspector present for all or part of the test. [RI-PSD-
6(L)(4)]
d. The permittee shall not use chromium-based biocides and/or chromium
based fungicides in the cooling tower. [RI-PSD-6(L)(6)]
e. The permittee shall operate and maintain a wastewater treatment system,
which will accomplish tertiary treatment for the portion of the Cranston
Water Pollution Control Facility (WPCF) effluent that will be used as
cooling water for the facility. The tertiary treatment filtration system
consists of a Zeeweed ultrafiltration system with a design output of 1000
gallons per minute and an Aqua Aerobics disk filter system with a design
output of 1700 gallons per minute. The filtration system must remove solids
so that the total suspended solids (TSS) content of the treated effluent does
not exceed 5 mg/l at the exit from the system prior to chlorination and must
remove phosphorous if necessary, as determined by either the Office of Air
Resources or the permittee, to ensure that the nutrient load is minimized
within the cooling tower basin.. [RI-PSD-6(M)(1)]
f. The permittee shall adjust the chlorination prior to the wastewater being
transported from the Cranston WPCF site in order to maintain a total
chlorine residual of 1.0 mg/l at the terminal point of the wastewater pipeline.
The minimum chlorine contact time in the wastewater pipeline shall be 3
hours. [RI-PSD-6(M)(3)]
g. The permittee shall maintain a free chlorine residual of 0.5 mg/l in the
cooling tower basin. [RI-PSD-6(M)(4)]
h. The permittee shall not transport the treated wastewater effluent in the
wastewater pipeline and shall not use the treated effluent in the cooling
tower, if the TSS at the exit of the tertiary treatment filtration unit, prior to
chlorination, exceeds 5 mg/l. However, the permittee may discharge water
with TSS in excess of 5 mg/l back to Cranston in order to flush lines and/or
recover from upset events. [RI-PSD-6(M)(5)]
i. The permittee shall maintain the pH of the water in the cooling tower basin
within the range 6.0 to 9.0. [RI-PSD-6(M)(6)]
j. The fecal coliform bacteria level at the terminal point of the cooling water
pipeline must not exceed zero. This limitation may be verified by a testing
result of "not detectable". If a test result indicates that fecal coliform is
present, the permittee shall immediately inspect and adjust, if necessary, the
Permit No. RI-46-15 (R1) Page 21 of 62 Expiration Date: 10-05-20
filtration system and chlorination levels. If the subsequent test, conducted
at the frequency specified in condition I.B.3.e, also shows detectable fecal
coliform bacteria, the permittee must follow procedures established in the
Operating Protocol, to terminate treated wastewater effluent pumpage to the
cooling tower until the specified corrective actions are implemented and the
fecal coliform level is not detectable.
The following constitutes a violation of the fecal coliform limitation:
(1) If the permittee collects at least 40 samples per month, the facility is
not in compliance with the fecal coliform limitation if more than 5%
of the samples collected during the month are fecal coliform
positive.
(2) If the permittee collects less than 40 samples per month, the facility
is not in compliance with the fecal coliform limitation if more than
one sample collected during the month is fecal coliform positive.
[RI-PSD-6(M)(7)]
2. Monitoring Requirements
a. The permittee shall perform a test for total suspended solids once per day at
the exit of the tertiary treatment filtration system, prior to post-treatment
chlorination, the results of which may not exceed 5 mg/l. In addition the
facility shall be equipped with a turbidity monitor to continuously monitor
the filtered effluent at the exit of this system. This monitor must be set to
alarm if the treated effluent equals or exceeds a turbidity limit which
corresponds to the TSS limitation of 5 mg/l. [RI-PSD-6(N)(1)]
b. The permittee shall monitor total residual chlorine continuously at the
terminal point of the wastewater pipeline on the plant site. [RI-PSD-
6(N)(2)]
c. The permittee shall monitor the free chlorine residual continuously in the
cooling tower basin. [RI-PSD-6(N)(3)]
d. The permittee shall continuously monitor turbidity in the effluent from the
tertiary treatment filtration system. [RI-PSD-6(N)(4)]
e. The permittee shall continuously monitor the pH of water in the cooling
tower basin. This monitor must have the ability to record pH in a range of
0-12 and must be equipped with a recorder. [RI-PSD-6(N)(5)]
f. If the characteristics of Cranston WPCF effluent change more than 20% (i.e.
nitrification, significant changes in industrial loadings, significant changes
in domestic loadings), or the WPCF institutes a process or facility change
which would require notification and approval from the Department or if
the City of Cranston has any instances of pass-through or interference
Permit No. RI-46-15 (R1) Page 22 of 62 Expiration Date: 10-05-20
and/or periods of non-compliance, the Office of Air Resources may require
additional monitoring beyond that required in conditions I.B.3.a and I.B.3.b.
[RI-PSD-6(N)(10)]
g. The permittee shall monitor the concentration of chloroform,
dichloromethane, carbon tetrachloride, 1,2-dichloroethane and total
trihalomethanes in the cooling water after transport to the facility but prior
to use in P005 for a period of three consecutive days per year. This sampling
should be conducted in the first two weeks of July each year. The results
of this monitoring shall be submitted to the Office of Air Resources within
30 days after each monitoring period. [RI-PSD-6(N)(11)]
3. Testing Requirements
a. The permittee shall perform semi-annual testing of the effluent at the outlet
of the tertiary treatment filtration unit for metals, inorganic and volatile
organic compounds. One of the semi-annual tests must be conducted during
the first two weeks in July each year. Analytical tests must quantify the
following parameters at a minimum: Cyanide, Cadmium, Copper,
Chromium, Lead, Mercury, Nickel, Silver and Zinc. Analytical tests for
volatile organic compounds shall include the following at a minimum:
Methylene Chloride, Tetrachloroethylene, 1,1,1-Trichloroethane and
Trichloroethylene. The permittee may propose alternatives to this testing
requirement after conducting a minimum of six months of testing. Such
alternatives shall not be implemented until the Office of Air Resources issues
a written approval of the proposal. [RI-PSD-6(N)(7)]
b. Results of the analytical tests performed pursuant to Conditions I.B.3.a-b of
this permit shall be submitted to the Office of Air Resources within 30 days
of testing. [RI-PSD-6(N)(9)]
c. All analyses performed in Conditions I.B.3.a-b of this permit shall be
performed at a certified laboratory. [RI-PSD-6(N)(8)]
d. The permittee shall perform sampling once per day, for fecal coliform
bacteria at the terminal point of the wastewater pipeline on the Rhode Island
State Energy Center, L.P. site, using method 9211(d) from Standard
Methods for the Examination of Water and Wastewater. The time period
between consecutive samples shall not exceed 24 hours.[RI-PSD-6(N)(6)]
4. Recordkeeping Requirements
a. The permittee shall continuously record the pH of water in the cooling tower
basin. This monitor must have the ability to record pH in a range of 0-12
and must be equipped with a recorder. This data must be maintained for a
period a three years and must be available for review by the Office of Air
Resources. [RI-PSD-6(N)(5)]
Permit No. RI-46-15 (R1) Page 23 of 62 Expiration Date: 10-05-20
C. Requirements for Emission Unit G006
The following Requirements are applicable to:
• Emission unit G006, is a 265 HP John Deere Internal Combustion Engine, Model No.
6081-A, which burns #2 fuel oil. Emission unit G006 is an emergency diesel fire pump
engine.
1. Emission Limitations
a. Opacity
The permittee shall not emit into the atmosphere, any air contaminant, for a
period or periods aggregating more than three minutes in any one hour,
which is greater than or equal to 20 percent opacity. [1.2] Where the
presence of uncombined water is the only reason for failure to meet this
requirement, such failure shall not be a violation of this permit. [1.4]
b. Sulfur Dioxide
(1) Except as may be specified in other provisions of this permit, unless
the Director determine, pursuant to subsection 8.7 of RI Air
Pollution Control Regulation No. 8, that a shortage of fuel oil
meeting the requirements of this permit, the permittee shall not use
or store fuel oil having a sulfur content in excess of the following,
except for use with motor vehicles: [8.2.1]
a. Through June 30, 2018 all distillate or biodiesel fuel oil
burned at the facility shall contain no more than 0.05 percent
sulfur by weight (500 ppm).
b. On or after July 1, 2018 all distillate or biodiesel fuel oil
burned at the facility shall contain no more than 0.0015
percent sulfur by weight (15 ppm).
2. Operating Requirements
a. The G006 shall be operated only during emergency situations that would
require the pump to operate to fight a fire at the facility or for maintenance
purposes to assure that the system is in working order. Operation for
maintenance purpose shall be limited to 36 hours per year (12 month rolling
average). [RI-PSD-6(B)(4), 27.2.3]
b. The permittee must comply with the following requirements for G006,
except for periods during periods of startup: [40 CFR 63.6603(a)]
Permit No. RI-46-15 (R1) Page 24 of 62 Expiration Date: 10-05-20
(1) Change oil and filter every 500 hours of operation or annually,
whichever comes first; and [40 CFR 63.6603(a), 40 CFR 63 Subpart
ZZZZ Table 2d(4)(a)]
(2) Inspect air cleaner every 1,000 hours of operation or annually,
whichever comes first, and replace as necessary; and [40 CFR
63.6603(a), 40 CFR 63 Subpart ZZZZ Table 2d(4)(b)]
(3) Inspect all hoses and belts every 500 hours of operation or annually,
whichever comes first, and replace as necessary. [40 CFR
63.6603(a), 40 CFR 63 Subpart ZZZZ Table 2d(4)(c)]
c. The permittee has the option of utilizing an oil analysis program in order to
extend the specified oil change requirement in Condition I.C.2.b(1) of this
permit. The oil analysis must be performed at the same frequency specified
for changing the oil in Condition I.C.2.b(1) of this permit. The analysis
program must at a minimum analyze the following three parameters: Total
Base Number, viscosity, and percent water content. The condemning limits
for these parameters are as follows: Total Base Number is less than 30
percent of the Total Base Number of the oil when new; viscosity of the oil
has changed by more than 20 percent from the viscosity of the oil when
new; or percent water content (by volume) is greater than 0.5. If all of these
condemning limits are not exceeded, the permittee is not required to change
the oil. If any of the limits are exceeded, the permittee must change the oil
within 2 business days of receiving the results of the analysis; if the engine
is not in operation when the results of the analysis are received, the
permittee must change the oil within 2 business days or before commencing
operation, whichever is later. The permittee must keep records of the
parameters that are analyzed as part of the program, the results of the
analysis, and the oil changes for the engine. The analysis program must be
part of the maintenance plan for the engine. [40 CFR 63.6625(i), 40 CFR
Subpart ZZZZ Table 2d(4)(a) and footnote 1]
d. If G006 is operating during an emergency and it is not possible to shut down
the engine in order to perform the requirements on the schedule of
Condition I.C.2.b of this permit, or if performing the requirements of
Condition I.C.2.b of this permit on the required schedule would otherwise
pose an unacceptable risk under federal or state law, the requirements of
Condition I.C.2.b of this permit can be delayed until the emergency is over
or the unacceptable risk under federal or state law has abated. The
requirements of Condition I.C.2.b of this permit should be performed as
soon as practicable after the emergency has ended or the unacceptable risk
under federal or state law has abated. The permittee must report any failure
to perform the requirements of Condition I.C.2.b of this permit on the
schedule required and the federal or state law under which the risk was
deemed unacceptable. [40 CFR 63 Subpart ZZZZ, Table 2d(4) footnote 2]
Permit No. RI-46-15 (R1) Page 25 of 62 Expiration Date: 10-05-20
e. The permittee must be in compliance with the emissions limitations,
operating limitations, and other requirements for G006 at all times. [40 CFR
63.6605(a)]
f. At all times the permittee must operate and maintain G006 including
associated air pollution control equipment (if any) and monitoring
equipment, in a manner consistent with safety and good air pollution control
practices for minimizing emissions. The general duty to minimize emissions
does not require you to make any further efforts to reduce emissions if levels
required by this standard have been achieved. Determination of whether
such operation and maintenance procedures are being used will be based on
information available to the Administrator which may include, but is not
limited to, monitoring results, review of operation and maintenance
procedures, review of operation and maintenance records, and inspection of
the source. [40 CFR 63.6605(b)]
g. The permittee must operate and maintain G006 and after-treatment control
device (if any) according to the manufacturer's emission-related operation
and maintenance instructions or the permittee shall develop a maintenance
plan which must provide to the extent practicable for the maintenance and
operation of the emergency generator in a manner consistent with good air
pollution control practice for minimizing emissions. [40 CFR
63.6625(e)(3)]
3. Monitoring Requirements
a. The permittee shall maintain a non-resettable elapsed time meter on G006
to indicate, in cumulative hours, the elapsed engine operating time. [RI-
PSD-6(C)(6), 27.6.10(b), 40 CFR 63.6625(f)]
4. Testing Requirements
a. Opacity
Tests for determining compliance with the opacity emission limitations
specified in Condition I.C.1.a of this permit shall be performed per 40 CFR
60, Appendix A, Method 9. Additionally, all observers must qualify as per
40 CFR 60, Appendix A, Method 9. [1.3.1, 1.3.2]
b. Sulfur Oxides
Compliance with the sulfur limitations contained in Condition I.C.1.b of
this permit shall be determined by the procedures referenced in Condition
II.U.2 of this permit.
c. The permittee shall comply with Condition I.C.2.b of this permit by either:
[40 CFR 63.6640(a)]
Permit No. RI-46-15 (R1) Page 26 of 62 Expiration Date: 10-05-20
(1) Operating and maintaining G006 according to the manufacture’s
emission related operation and maintenance instructions or; [40
CFR 63.6640(a), 40 CFR 63 Subpart ZZZZ Table 6 (9)(a)(i)]
(2) The permittee shall develop and follow a maintenance plan which
must provide to the extent practicable for the maintenance and
operation of G006 in a manner consistent with good air pollution
control practice of minimizing emissions. [40 CFR 63.6640(a), 40
CFR 63 Subpart ZZZZ Table 6-(9)(a)(ii)]
5. Recordkeeping Requirements
a. The permittee shall, on a monthly basis, no later than 10 days after the first
of each month, determine the hours of operation for G006 for the previous
12 months. The permittee shall keep records of this determination and
provide such records to the Office of Air Resources upon request.
[27.6.10(c), RI-PSD-6(E)(8)]
b. The permittee must maintain the following records: [40 CFR 63.6655(a)]
(1) A copy of each notification and report that was submitted to comply
with 40 CFR 63 Subpart ZZZZ including all documentation
supporting any Initial Notification or Notification of Compliance
Status that you submitted, according to the requirement in
§63.10(b)(2)(xiv). [40 CFR 63.6655(a)(1)]
(2) Records of the occurrence and duration of each malfunction of
operation (i.e., process equipment) or the air pollution control and
monitoring equipment. [40 CFR 63.6655(a)(2)]
(3) Records of all required maintenance performed on the monitoring
equipment. [40 CFR 63.6655(a)(4)]
(4) Records of actions taken during periods of malfunction to minimize
emissions in accordance with Condition I.C.2.i of this permit
including corrective actions to restore malfunctioning process and
monitoring equipment to its normal or usual manner of operation.
[40 CFR 63.6655(a)(5)]
(5) Records of the maintenance conducted on G006 in order to
demonstrate that the permittee operated and maintained G006 and
after-treatment control device (if any) according to your own
maintenance plan. [40 CFR 63.6655(e)(2)]
c. The permittee shall maintain all records in a form suitable and readily
available for expeditious review according to §63.10(b)(1). [40 CFR
63.6660(a)]
Permit No. RI-46-15 (R1) Page 27 of 62 Expiration Date: 10-05-20
d. The permittee must keep each record for 5 years following the date of each
occurrence, measurement, maintenance, corrective action, report, or record,
as specified in §63.10(b)(1). [40 CFR 63.6660(b)]
e. The permittee shall keep each record readily accessible in hard copy or
electronic form for at least 5 years after the date of each occurrence,
measurement, maintenance, corrective action, report, or record, according
to § 63.10(b)(1). [40 CFR 63.6660(c)]
6. Reporting Requirements
a. The permittee shall notify the Office of Air Resources, in writing within 15
days, whenever the hours of operation for G006 exceeds 36 hours in any
12-month period. [RI-PSD-6(E)(9), 27.6.10(d)]
b. The permittee shall notify the Office of Air Resources of any anticipated
noncompliance with the terms of Section I.C. of this permit or any other
applicable air pollution control rules or regulations. [RI-PSD-6(E)(4)]
7. Other Requirements
a. To the extent consistent with the requirements in Section I.C. of this permit
and applicable federal and state laws, the facility shall be operated in
accordance with the representation of the facility in the Major Source permit
application. [RI-PSD-6(G)(3)]
b. The permittee is subject to the requirements of 40 CFR 63.1-15, Subpart A,
“General Provisions” and 40 CFR 63, Subpart ZZZZ “National Emission
Standards for Hazardous Air Pollutants for Stationary Reciprocating
Internal Combustion Engines”. Compliance with all applicable provisions
therein is required, unless otherwise stated in this permit. [40 CFR 63.6665]
D. Facility Requirements
1. Emission Limitations
a. Nitrogen oxides (as Nitrogen dioxide (NO2))
The total quantity of nitrogen oxides discharged to the atmosphere from the
entire facility shall not exceed 312,000 lbs. in any consecutive 12-month
period. [RI-PSD-6(A)(3)(a)(1)]
2. Operating Requirements
a. The total heat input from natural gas combusted at the entire facility shall
not exceed 25,413,189 million BTUs in any consecutive 12-month period.
[RI-PSD-6(B)(7)]
Permit No. RI-46-15 (R1) Page 28 of 62 Expiration Date: 10-05-20
3. Recordkeeping Requirements
a. The permittee shall, on a monthly basis, no later than 10 days after the first
of each month, determine the total quantity of nitrogen oxides discharged
to the atmosphere from the entire facility for the previous 12 months. The
permittee shall keep records of this determination and provide such records
to the Office of Air Resources upon request. [RI-PSD-6(E)(6)]
b. The permittee shall, on a monthly basis, no later than 10 days after the first
of each month, determine the total heat input from natural gas combusted at
the entire facility for the previous 12 months as follows:
HI = (Q x GCVg)/1,000,000
Where:
HI = Total Heat Input (MMBTUs)
Q = Quantity of natural gas combusted at the entire facility in
the previous 12 months in scf
GCVg = Gross calorific value of natural gas in BTU/scf as
determined by a continuous on-line gas chromatograph on
an hourly basis. [Letter dated March 14, 2013 from Reid
P. Harvey of the USEPA to Edward Trump of Entergy
Rhode Island State Energy, L.P.]
For periods of missing GCVg data, the permittee shall
use substitute data values in the calculations, as follows:
[Letter dated March 14, 2013 from Reid P. Harvey of the
USEPA to Edward Trump of Entergy Rhode Island State
Energy, L.P.]
(1) Provided that at least on valid GCVg measurement is obtained in a
given month, substitute, for each hour of the missing data period,
the arithmetic average of the GCVg values from the hour before and
the hour after the missing data incident; or
(2) In accordance with section 2.4.1 of Appendix D to 40 CFR Part 75,
if no valid GCVg values are obtained in a given month, substitute,
for each hour of the missing data period, the maximum potential
GCVg value of 110,000 Btu per 100 scf, from Table D-6 in
Appendix D to Part 75.
The permittee shall keep records of this determination and provide such
records to the Office of Air Resources upon request. [RI-PSD-6(E)(11)]
Permit No. RI-46-15 (R1) Page 29 of 62 Expiration Date: 10-05-20
4. Reporting Requirements
a. The permittee shall notify the Office of Air Resources in writing within 15
days, whenever total quantity of nitrogen oxides discharged to the
atmosphere from the entire facility exceeds 312,000 lbs. in any 12-month
period. [RI-PSD-6(E)(7)]
b. The permittee shall notify the Office of Air Resources in writing within 15
days, whenever the total heat input from natural gas combusted at the entire
facility exceeds 25,413,189 million BTUs in any consecutive 12-month
period. [RI-PSD-6(E)(13)]
Permit No. RI-46-15 (R1) Page 30 of 62 Expiration Date: 10-05-20
SECTION II. GENERAL CONDITIONS
B. Annual Emissions Fee Payment
The permittee shall pay an annual emissions fee as established in Air Pollution Control
Regulation No. 28 "Operating Permit Fees". [29.6.8(d)]
C. Permit Renewal and Expiration
This permit is issued for a fixed term of 5 years. The permittee's right to operate this source
terminates with the expiration of this permit unless a timely and complete renewal
application is submitted at least 12 months prior to the date of permit expiration. Upon
receipt of a complete and timely application for renewal, this source may continue to
operate subject to final action by the Office of Air Resources on the renewal application.
In such an event, the permit shield in Condition II.AA of this permit shall extend beyond
the original permit term until renewal. This protection shall cease to apply if, subsequent
to a completeness determination, the applicant fails to submit by the deadline specified in
writing by the Office of Air Resources any additional information identified as being
needed to process the application. The application for renewal shall include the current
permit number, description of permit revisions and off-permit changes that occurred during
the permit term, and any applicable requirements that were promulgated and not
incorporated into the permit during the permit term. [29.6.8(a), 29.4.2(c), 29.4.6]
D. Transfer of Ownership or Operation
This permit is nontransferable by the permittee. Future owners and operators must obtain
a new operating permit from the Office of Air Resources. A change in ownership or
operational control of this source is treated as an administrative permit amendment if no
other change in this permit is necessary and provided that a written agreement containing
a specific date for transfer of permit responsibility, coverage, and liability between the
current and new permittee has been submitted to the Office of Air Resources.
[29.10.1(a)(4)]
E. Property Rights
This permit does not convey any property rights of any sort, or any exclusive privilege.
[29.6.8(c)(4)]
Permit No. RI-46-15 (R1) Page 31 of 62 Expiration Date: 10-05-20
F. Submissions
1. Reports, test data, monitoring data, notifications, and requests for renewal shall be
submitted to :
RIDEM - Office Air Resources
Compliance Assurance Section
235 Promenade St.
Providence, RI 02908
2. Any records, compliance certifications and monitoring data required by the
provisions of this permit to be submitted to USEPA shall be sent to:
USEPA Region I
Office of Environmental Stewardship
Director, Air Compliance Program
Attn: Air Compliance Clerk
5 Post Office Square Suite 100
Boston, MA 02109-3912
3. Any document submitted shall be certified as being true, accurate, and complete by
a responsible official. This certification shall state that, based on information and
belief formed after reasonable inquiry, the statements and information in the
certification are true, accurate, and complete. [29.6.8(e)]
G. Inspection and Entry
1. Employees of the Office of Air Resources and its authorized representatives shall
be allowed to enter this facility at all reasonable times for the purpose of:
a. having access to and copying at reasonable times any records that must be
kept under the conditions of this permit;
b. inspecting at reasonable times any facilities, equipment (including
monitoring and air pollution control equipment), practices, or operations
regulated or required under this permit; and
c. sampling or monitoring, at reasonable times, substances or parameters for
the purpose of assuring compliance with this permit or other applicable
requirements.[RIGL 23-23-5(7), 29.6.8(f)(1-4), RI-PSD-6(G)(4)]
Nothing in this condition shall limit the ability of the USEPA to inspect or enter the
premises of the permittee under Section 114 or other provisions of the Clean Air
Act.
Permit No. RI-46-15 (R1) Page 32 of 62 Expiration Date: 10-05-20
H. Compliance
1. The permittee must comply with all conditions of this permit. Any noncompliance
with a federally enforceable permit condition constitutes a violation of the Clean
Air Act and is grounds for enforcement action, for permit termination, revocation
and reissuance or modification, or for denial of a permit renewal application. Any
noncompliance with a permit condition designated as state only enforceable
constitutes a violation of state rules only and is grounds for enforcement action, for
permit termination, revocation and reissuance or modification, or for denial of a
permit renewal application. [29.6.8(c)(1)]
2. For each unit at the facility for which an applicable requirement becomes effective
during the permit term, the permittee shall meet such requirements on a timely basis
unless a more detailed schedule is expressly required by the applicable requirement.
[29.6.5(a)]
3. It shall not be a defense for a permittee in an enforcement action that it would have
been necessary to halt or reduce the permitted activity in order to maintain
compliance with the conditions of this permit. [29.6.8(c)(2)]
I. Excess Emissions Due to an Emergency
As the term is used in this condition an "emergency" means any situation arising from
sudden and reasonably unforeseeable events beyond the control of this source, including
acts of God, which situation requires immediate corrective action to restore normal
operation, and that causes this source to exceed a technology-based emission limitation
under this permit, due to unavoidable increases in emissions attributable to the emergency.
An emergency shall not include noncompliance to the extent caused by improperly
designed equipment, lack of preventative maintenance, careless or improper operation, or
operator error. [29.6.11(b)]
Technology-based emission limits are those established on the basis of emission reductions
achievable with various control measures or process changes (e.g., a new source
performance standard) rather than those established to attain a health based air quality
standard.
The permittee may seek to establish that noncompliance with a technology-based emission
limitation under this permit was due to an emergency. To do so, the permittee shall
demonstrate the affirmative defense of emergency through properly signed,
contemporaneous operating logs, or other relevant evidence that: [29.6.11(a) & 29.6.11(c)]
1. an emergency occurred and that the permittee can identify the cause(s) of the
emergency; [29.6.11(c)(1)]
2. the permitted facility was at the time being properly operated; [29.6.11(c)(2)]
3. during the period of the emergency, the permittee took all reasonable steps to
minimize levels of emissions that exceeded the emissions standards, or other
requirements in this permit; and [29.6.11(c)(3)]
Permit No. RI-46-15 (R1) Page 33 of 62 Expiration Date: 10-05-20
4. the permittee submitted notice of the emergency to the Office of Air Resources
within 2 working days of the time when emission limitations were exceeded due to
the emergency. This notice must contain a description of the emergency, any steps
taken to mitigate emissions, and corrective actions taken. This notice fulfills the
requirements of Condition II.CC.3 of this permit. [29.6.11(c)(4)]
The permittee shall have the burden of proof in seeking to establish the occurrence of an
emergency. [29.6.11(d)]
J. Duty to Provide Information
The permittee shall furnish to the Office of Air Resources, within a reasonable time, any
pertinent information that the Office of Air Resources may request in writing to determine
whether cause exists for modifying, revoking and reissuing, or terminating the permit, or
to determine compliance with the permit. Upon request, the permittee shall also furnish to
the Office of Air Resources copies of records that the permittee is required to keep by this
permit, or for information claimed to be confidential, the permittee may furnish such
records directly to the Administrator along with a claim of confidentiality. [29.6.8(c)(5)]
K. Duty to Supplement
The permittee, upon becoming aware that any relevant facts were omitted or incorrect
information was submitted in the permit application, shall promptly submit such
supplementary facts or corrected information to the Office of Air Resources. The permittee
shall also provide additional information as necessary to address any requirements that
become applicable to the source after the date a complete renewal application was
submitted but prior to release of a draft permit. [29.5.4]
L. Reopening for Cause
The Office of Air Resources will reopen and revise this permit as necessary to remedy
deficiencies in the following circumstances:
1. Additional requirements under the Clean Air Act become applicable to a major
source 3 or more years prior to the expiration date of this permit. Such a reopening
shall be completed no later than 18 months after promulgation of the applicable
requirement. No such reopening is required if the effective date of the requirement
is later than the expiration date of this permit, unless this permit or any of its terms
and conditions has been extended. [29.6.13(a)]
2. The Office of Air Resources or the Administrator determines that this permit
contains a material mistake or inaccurate statements were made in establishing the
emissions standards or other terms or conditions of this permit. [29.6.13(c)]
3. The Office of Air Resources or the Administrator determines that the permit must
be revised or revoked to assure compliance with the applicable requirements.
[29.6.13(d)]
Permit No. RI-46-15 (R1) Page 34 of 62 Expiration Date: 10-05-20
Reopenings shall not be initiated before a notice of intent to reopen is provided to the
permittee by the Office of Air Resources at least 30 days in advance of the date that this
permit is to be reopened, except that the Office of Air Resources may provide a shorter
time period (but not less than 5 days) in the case of an emergency. [29.9.5(b)]
Proceedings to reopen and issue this permit shall follow the same procedures as apply to
initial permit issuance and shall affect only those parts of this permit for which cause to
reopen exists. Such reopening shall be made as expeditiously as practicable. [29.9.5(a)]
All permit conditions remain in effect until such time as the Office of Air Resources takes
final action. The filing of a request by the permittee for a permit modification, revocation
and reissuance, or termination, or of a notification of planned changes or anticipated
noncompliance does not stay any permit condition. [§70.6(a)(6)(iii)]
M. Severability Clause
The provisions of this permit are severable, and if any provision of this permit, or the
application of any provision of this permit to any circumstance, is held invalid, the
application of such provision to other circumstances, and the remainder of this permit, shall
not be affected thereby. [29.6.8(b)]
N. Off-Permit Changes
1. The permittee is allowed to make certain changes that are not addressed or
prohibited by this permit without a permit revision, provided that the following
conditions are met: [29.11.2(a)]
a. Each such change shall not violate any term or condition of this permit.
[29.11.2(b)]
b. Each change shall comply with all applicable requirements. [29.11.2(b)]
c. Changes under this provision may not include changes or activities subject
to any requirement under Title IV or modifications under any provision of
Title I of the Clean Air Act. [29.11.2(a)]
d. Before the permit change is made, the permittee must provide
contemporaneous written notice to the Office of Air Resources and the
USEPA Region I, except for changes that qualify as insignificant activities
in Appendix A of APC Regulation No. 29. This notice shall describe each
change, including the date, and change in emissions, pollutants emitted, and
any applicable requirement that would apply as a result of the change.
[29.11.2(c)]
e. The permit shield does not apply to changes made under this provision.
[29.11.2(d)]
f. The permittee shall keep a record describing changes made at the stationary
source that result in emissions of a regulated air pollutant subject to an
Permit No. RI-46-15 (R1) Page 35 of 62 Expiration Date: 10-05-20
applicable requirement, but not otherwise regulated under this permit, and
the emissions resulting from those changes, including any other data
necessary to show compliance with applicable ambient air quality
standards. The record shall reside at the permittee's facility. [29.11.2(e)]
2. Changes made pursuant to this provision shall not be exempt from the requirement
to obtain a minor source permit pursuant to the requirements of Air Pollution
Control Regulation No. 9, if applicable. [29.11.2(a)]
3. Changes made pursuant to this provision shall be incorporated into this permit at
the time of renewal. [29.11.2(f)]
O. Section 502(b)(10) Changes
1. The permittee is allowed to make changes within this permitted facility that
contravene the specific terms of this permit without applying for a permit revision,
provided the changes do not exceed the emissions allowable under this permit,
whether expressed therein as a rate of emissions or in terms of total emissions and
are not Title I modifications. This class of changes does not include:
a. changes that would violate applicable requirements; or
b. changes to federally-enforceable permit terms or conditions that are
monitoring (including test methods), recordkeeping, reporting, or
compliance certification requirements. [29.11.1(a), 29.1.36]
2. The permittee shall provide written notice to the Office of Air Resources and the
USEPA Region I of any change made under this provision. The notice must be
received by the Office of Air Resources no later than fourteen (14) days in advance
of the proposed changes. The notice shall include information describing the nature
of the change, the effect of the change on the emission of any air contaminant, the
scheduled completion date of the planned change and identify any permit terms or
conditions that are no longer applicable as a result of the change. The permittee
shall attach each notice to its copy of this permit. [29.11.1(a)(1), 29.11.1(a)(2)]
3. The permittee shall be allowed to make such change proposed in its notice the day
following the last day of the advance notice described in paragraph 2 if the Office
of Air Resources has not responded nor objected to the proposed change on or
before that day. [29.11.1(b)]
4. Any permit shield provided in this permit does not apply to changes made under
this provision. If subsequent changes cause the permittee's operations and
emissions to revert to those anticipated in this permit, the permittee resumes
compliance with the terms and conditions of the permit, and has provided the Office
of Air Resources and USEPA with a minimum of fourteen (14) days advance notice
of such changes in accordance with the provisions of paragraph 2, the permit shield
shall be reinstated in accordance with terms and conditions stated in this permit.
[29.11.1(c)]
Permit No. RI-46-15 (R1) Page 36 of 62 Expiration Date: 10-05-20
5. Changes made pursuant to this provision shall be incorporated into the operating
permit at the time of renewal. [29.11.1(d)]
P. Emissions Trading
No permit revision shall be required under any approved economic incentives, marketable
permits, emissions trading, and other similar programs or processes for changes that are
provided for in the permit. [29.6.6(a)]
Q. Emission of Air Contaminants Detrimental to Person or Property
The permittee shall not emit any air contaminant which either alone or in connection with
other emissions, by reason of their concentration or duration, may be injurious to human,
plant or animal life, or cause damage to property or which unreasonably interferes with the
enjoyment of life or property. [7.2]
R. Odors
1. The permittee shall not emit or cause to be emitted into the atmosphere any air
contaminant or combination of air contaminants which creates an objectionable
odor beyond the property line of this facility. [17.2]
2. A staff member of the Office of Air Resources shall determine by personal
observation if an odor is objectionable, taking into account its nature, concentration,
location, duration and source. [17.3]
S. Visible Emissions
1. Except as may be specified in other provisions of this permit, the permittee shall
not emit into the atmosphere, from any emission unit, any air contaminant, for a
period or periods aggregating more than three minutes in any one hour, which is
greater than or equal to 20 percent opacity. [1.2] Where the presence of uncombined
water is the only reason for failure to meet this requirement, such failure shall not
be a violation of this permit. [1.4]
2. Tests for determining compliance with the opacity limitations specified in this
permit shall be performed per 40 CFR 60, Appendix A, Method 9. Additionally,
all observers must qualify as per 40 CFR 60, Appendix A, Method 9. [1.3.1, 1.3.2]
T. Open Fires
It shall be unlawful for the permittee to burn any material in an open fire, except as provided
in APC Regulation No. 4, Section 4.3. [4.2]
U. Construction Permits
It shall be unlawful for the permittee to construct, install, modify or cause the construction,
installation or modification of any stationary source subject to the provisions of APC
Permit No. RI-46-15 (R1) Page 37 of 62 Expiration Date: 10-05-20
Regulation No. 9 without obtaining either a minor source permit or a major source permit
from the Director. [9.2.1]
V. Sulfur in Fuel
1. Unless the Director determine, pursuant to subsection 8.7 of RI Air Pollution
Control Regulation No. 8, that a shortage of fuel oil meeting the requirements of
this permit, the permittee shall not use or store fuel oil having a sulfur content in
excess of the following, except for use with motor vehicles: [8.2.1]
a. Through June 30, 2018 all distillate or biodiesel fuel oil burned at the
facility shall contain no more than 0.05 percent sulfur by weight (500 ppm).
b. On or after July 1, 2018 all distillate or biodiesel fuel oil burned at the
facility shall contain no more than 0.0015 percent sulfur by weight (15
ppm).
2. Compliance with the sulfur in the fuel limitations contained in this permit shall be
determined by procedures referenced below or deemed equivalent by the Director.
Such procedures shall include but not be limited to any of the following: [8.4.1]
a. Emission testing conducted by the permittee according to the Reference
Methods of Appendix A to 40 CFR 60; or [8.4.1.a]
b. For each shipment of distillate or biodiesel fuel oil, the permittee shall
obtain a certification from the fuel supplier which contains: [8.4.1.b]
(1) the name of the supplier and the date the fuel oil was received from
the supplier; and, [8.4.1.b(1)]
(2) the sulfur content of the fuel oil and the ASTM method used to
determine the sulfur content of the fuel oil; and, [8.4.1.b(2)]
(3) the date and location of the fuel oil when the sample was drawn for
analysis to determine the sulfur content of the fuel oil, specifically
including where the fuel oil was sampled; or [8.4.1.b(3)]
c. Laboratory analysis of fuel oils by the permittee or by the supplier.
Sampling and analysis shall be conducted after each new shipment of fuel
oil is received by the permittee. Samples shall be collected from the fuel
tank immediately after the fuel tank is filled and before any fuel oil is
combusted. All fuel oil must be sampled and analyzed in accordance with
applicable ASTM methods or another method which has the prior approval
of or are required by the Director. [8.4.1.c]
d. A continuous monitoring system for the measurement of sulfur dioxide that
meets the performance specifications in Appendix B of 40 CFR 60. The
monitoring equipment shall also be installed, calibrated, operated, and
Permit No. RI-46-15 (R1) Page 38 of 62 Expiration Date: 10-05-20
maintained in accordance with the procedures in Appendix B of 40 CFR 60
and the minimum specifications in Appendix P of 40 CFR 51. [8.4.1.d]
3. Copies of the fuel oil analysis sheets shall be maintained at the facility and be made
accessible for review by the Office of Air Resources or its authorized
representatives and USEPA. These records shall include a certified statement,
signed by a responsible official, that the records represent all of the fuel combusted
during each quarter. [8.5.1, 27.6.7]
4. The Director may require, under his supervision, the collection of fossil fuel
samples for the purpose of determining compliance with the sulfur limitations in
this permit. [8.4.3]
5. Fuel oil stored at the facility that met the applicable requirements of subsection
II.V.1 at the time the fuel oil was received for storage at the facility may be stored
for use after the effective date in II.V.1. [8.3.2]
W. Air Pollution Episodes
Conditions justifying the proclamation of an air pollution alert, air pollution warning or air
pollution emergency shall be deemed to exist whenever the Director determines that the
accumulation of air pollutants in any place is attaining or has attained levels which could,
if such levels are sustained or exceeded, lead to a substantial threat to the health of persons.
If the governor declares an air pollution alert, air pollution warning or air pollution
emergency, the permittee shall comply with the applicable requirements contained in APC
Regulation No. 10. [10.1]
X. Fugitive Dust
The permittee shall not cause or permit any materials, including but not limited to sand,
gravel, soil, aggregate and any other organic or inorganic solid matter capable of releasing
dust, to be handled, transported, mined, quarried, stored or otherwise utilized in any way
so as to cause airborne particulate matter to travel beyond the property line of the facility
without taking adequate precautions to prevent particulate matter from becoming airborne.
Such precaution shall be in accordance with good industrial practice as determined by the
Director and/or shall be other reasonable fugitive dust prevention measures as determined
by the Director. [5.3]
Permit No. RI-46-15 (R1) Page 39 of 62 Expiration Date: 10-05-20
Y. Adhesives and Sealants
Except as provided in subsections 44.2.2-44.2.4 of Air Pollution Control Regulation No.
44, the permittee shall comply with all applicable provisions of Air Pollution Control
Regulation No. 44 if the permittee sells, offers for sale supplies or manufactures any
adhesive, sealant, adhesive primer or sealant primer for use within the State of Rhode
Island or uses or solicits the use of any adhesive, sealant, adhesive primer or sealant primer
within the State of Rhode Island. [44.2.1]
Z. Architectural and Industrial Maintenance Coatings
Except as provided in subsection 33.2.2 of Air Pollution Control Regulation No. 33, the
permittee shall comply with all applicable provisions of Air Pollution Control Regulation
No. 33 if the permittee sells, offers for sale, or supplies or manufactures an architectural
coating for use within the State of Rhode Island or applies an architectural coating for
compensation, or solicits the application of any architectural coating within the State of
Rhode Island. [33.2.1]
Z. Compliance Certifications
1. The permittee shall submit a certification of compliance with permit terms and
conditions annually. [29.6.5(c)(1)]
2. The certification shall describe the following:
a. the permit term or condition that is the basis of the certification;
[29.6.5(c)(3)a]
b. the current compliance status; [29.6.5(c)(3)b]
c. whether compliance was continuous or intermittent; and [29.6.5(c)(3)c]
d. the methods used for determining compliance, currently and over the
reporting period. [29.6.5(c)(3)d]
3. All compliance certifications shall be submitted to the Office of Air Resources and
to the USEPA Region I. It shall be submitted within 60 days following the end of
the reporting period which is the calendar year unless otherwise specified.
[29.6.5(c)(4)]
4. All compliance certifications shall be certified as being true, accurate, and complete
by a responsible corporate official. This certification shall state that, based on
information and belief formed after reasonable inquiry, the statements and
information in the certification are true, accurate, and complete. [29.6.8(e)]
Permit No. RI-46-15 (R1) Page 40 of 62 Expiration Date: 10-05-20
AA. Permit Shield
1. Compliance with the terms and conditions of this permit shall be deemed
compliance with all requirements applicable to the source in the following: RI-
PSD-6, RI APC Regulation Nos: 1, 4, 5, 7, 8, 9, 10, 14, 16, 17, 27, 28, 29, 33, 36,
44, 46 and 47, and Federal Requirements: 40 CFR Part 60 Subparts Da, GG and A,
40 CFR Part 63 Subparts ZZZZ and A. [29.6.12(a)(1)]
2. The Office of Air Resources has determined that units G001, G002, G006 and P005
are not subject to the following regulations: RI APC Regulation Nos. 3, 6, 11, 12,
13, 15, 19, 20, 21, 22, 23, 24, 25, 26, 30, 31, 32, 35, 39, 43. [29.6.12(a)(2)]
3. Nothing in this permit shall alter or affect the following:
a. the provisions of Section 303 of the Clean Air Act, including the authority
of USEPA under that Section. [29.6.12(c)(1)]
b. the liability of the permittee for any violation of applicable requirements
prior to or at the time of permit issuance. [29.6.12(c)(2)]
c. the applicable requirements of the acid rain program consistent with Section
408 of the Clean Air Act. [29.6.12(c)(3)]
d. the ability of the EPA to obtain information under Section 114 of the Act.
[29.6.12(c)(4)]
4. If it is determined that this operating permit was issued based on inaccurate or
incomplete information provided by the permittee, this permit shield shall be void
as to the portions of this permit which are affected, directly or indirectly, by the
inaccurate or incomplete information. [29.6.12(d)]
BB. Recordkeeping
1. The permittee shall, at the request of the Director, maintain records of and provide
data on operational processes, fuel usage, raw materials, stack dimensions, exhaust
gas flow rates and temperatures, emissions of air contaminants, steam or hot water
generator capacities, types of equipment producing air contaminants and air
pollution control systems or other data that may be necessary to determine if the
facility is in compliance with air pollution control regulations. [14.2.1]
2. All records and supporting information required by this permit shall be maintained
at the permittee's 24 Shun Pike facility for a period of at least 5 years from the date
of sample monitoring, measurement, report or application, and shall be made
available to representatives of the Office of Air Resources and USEPA upon
request. Supporting information includes all calibration and maintenance records
and all original strip-chart recordings for continuous monitoring instrumentation,
and copies of all reports required by this permit. [14.2.1, 29.6.4(a)(2), 40 CFR
60.7(f), RI-PSD-6(E)(21):(N)(13)]
Permit No. RI-46-15 (R1) Page 41 of 62 Expiration Date: 10-05-20
3. The permittee shall keep records of required monitoring information that include
the following:
a. The date, place and time of sampling or measurements; [29.6.4(a)(1)]
b. The date(s) analyses were performed; [29.6.4(a)(1)]
c. The company or entity that performed the analyses; [29.6.4(a)(1)]
d. The analytical techniques or methods used; [29.6.4(a)(1)]
e. The results of such analyses; and [29.6.4(a)(1)]
f. The operating conditions as existing at the time of sampling or
measurement. [29.6.4(a)(1)]
CC. Reporting
1. The information recorded by the permittee pursuant to Condition II.BB.1 of this
permit shall be summarized and reported at least annually to the Director. It shall
be submitted by April 15th unless otherwise specified. [14.2.2] Information
submitted pursuant to this condition will be correlated with applicable emission
limitations and other applicable emissions information and will be available for
public inspection. [14.2.3]
2. The permittee shall submit reports of any required monitoring for each semi annual
period ending 30 June and 31 December of every calendar year. These reports shall
be due to the Office of Air Resources no later than forty-five (45) days after the end
of the reporting period. All instances of deviations from permit requirements must
be clearly identified in such reports. All required reports must be certified by a
responsible official consistent with condition II.Z.4. [29.6.4(b)(1)]
3. Deviations from permit conditions, including those attributable to upset conditions
as defined in this permit, shall be reported, in writing, within five (5) business days
of the deviation, to the Office of Air Resources. A copy of any such report shall be
sent to the USEPA Region I. Reports shall describe the probable cause of such
deviations, and any corrective actions or preventive measures taken. Each report
must be certified by a responsible official consistent with Condition II.Z.4 of this
permit. [29.6.4(b)(2)]
4. The Office of Air Resources shall be notified in writing of any planned physical
change or operational change to the emissions units and control devices identified
in this permit. Such notification shall include information describing the nature of
the change, information describing the effect of the change on the emissions of air
contaminants and the scheduled completion date of the planned change. Any
change which may result in an increased emission rate of any air contaminant shall
be subject to approval of the Office of Air Resources. [RI-PSD-6(E)(18), 40 CFR
60.7(a)(4)]
Permit No. RI-46-15 (R1) Page 42 of 62 Expiration Date: 10-05-20
DD. Credible Evidence
For the purpose of submitting compliance certifications or establishing whether or not the
permittee has violated or is in violation of any provision of this permit, the methods used
in this permit shall be used, as applicable. However, nothing in this permit shall preclude
the use, including the exclusive use, of any credible evidence or information, relevant to
whether the permittee would have been in compliance with applicable requirements if the
appropriate performance or compliance test procedures or methods had been performed.
[40 CFR 51.212c, 52.12c, 52.33a]
EE. Emission Statements
1. The permittee shall submit, annually, an emission statement which includes
information for both VOC and NOx if facility wide actual emissions are 25 tons per
year of either pollutant. Emission statements shall be submitted to the Director on
April 15th of each year unless otherwise specified. The permittee may apply to the
Office of Air Resources to be allowed to discontinue submitting annual emission
statements if actual emissions at the facility decrease to below 10 tons per year as
a result of a permanent process change. [14.3.1] The permittee shall submit this
emission statement in a format approved by the Office of Air Resources. The
emission statement shall contain the following information: [14.3.2]
a. A certification that the information contained in the emission statement is
accurate and complete to the best knowledge of the certifying individual.
b. The full name, title, signature, date of signature, and telephone number of
the certifying individual.
c. Facility identification information, including the full name, physical
location, mailing address, latitude, longitude, and four digit SIC code(s).
d. Process data pertaining to each process emitting VOC and/or NOx,
including:
(1) Annual and typical ozone season daily fuel use,
(2) Annual and typical ozone season daily process rate(s), and
(3) Process throughput while air pollution control equipment was not in
operation.
e. Operating data pertaining to each process emitting VOC and/or NOx during
the reporting year, including:
(1) Percentage annual throughput,
(2) Average hours of operation per day during the reporting year and on
a typical ozone season day,
(3) Average number of days of operation per week during the reporting
year and during a typical ozone season week, and
(4) Weeks of operation during the reporting year and during the peak
ozone season.
Permit No. RI-46-15 (R1) Page 43 of 62 Expiration Date: 10-05-20
f. Control equipment information, including:
(1) Specific primary and secondary control equipment for each process
emitting VOC and/or NOx,
(2) Current overall control efficiency for each piece of control
equipment (indicated by percent capture and percent destruction or
removal), and
(3) Control equipment downtime during the reporting year and during
the peak ozone season.
g. Emissions information, including:
(1) Actual annual and typical ozone season daily emissions of VOC and
NOx for each process. Emissions should be reported in tons per year
and in pounds per day.
(2) A description of the emission calculation method and, if applicable,
emission factor(s) used, and
(3) The calendar year for which emissions are reported.
h. Any additional information required by the Director to document the
facility's emission statements.
FF. Miscellaneous Conditions
1. This permit may be modified, revoked, reopened, reissued or terminated for cause.
The filing of a request, by the permittee, for a permit modification, revocation and
reissuance or termination or of a notification of planned changes or anticipated
noncompliance does not release the permittee from the conditions of this permit.
[29.6.8(c)(3)]
2. Any application for a permit revision need only submit information related to the
proposed change. [29.4.3(c)]
3. Terms not otherwise defined in this permit shall have the meaning given to such
terms in 40 CFR 60.2, the Clean Air Act as amended in 1990 or the referenced
regulation as applicable.
4. Where more than one condition in this permit applies to an emission unit and/or the
entire facility, the most stringent condition shall apply.
Permit No. RI-46-15 (R1) Page 44 of 62 Expiration Date: 10-05-20
SECTION III. SPECIAL CONDITIONS
A. CO2 Budget Trading Program – (Not Federally Enforceable)
The following requirements are applicable to:
CO2 Budget Source: Rhode Island State Energy Center, L.P. (ORIS Code 55107)
CO2 Budget Unit: Unit ID RI-CT-1 (Emission unit G001)
Unit ID RI-CT-2 (Emission unit G002)
1. Carbon Dioxide Requirement
a. Starting on January 1, 2009 the permittee shall hold CO2 allowances
available for compliance deductions under Condition III.A.7 of this permit,
as of the CO2 allowance transfer deadline, in the source’s compliance
account in an amount not less than the total CO2 emissions for the control
period from all CO2 budget units at the source, less the CO2 allowances
deducted to meet the requirements with respect to the previous interim
control periods, as determined in accordance with the provisions of Air
Pollution Control (APC) Regulation No. 46 sections 46.8, 46.9 and 46.10.
[46.3.1(a), 46.3.1(e)]
b. The permittee of each CO2 budget source and each CO2 budget unit at the
source shall hold CO2 allowances available for compliance deductions
under Condition III.A.7 of this permit, as of CO2 allowance transfer
deadline, in the source’s compliance account in an amount not less than the
total CO2 emissions for the interim control period from all CO2 budget units
at the source multiplied by 0.50, as determined in accordance with APC
Regulation 46 sections 46.8, 46.9 and 46.10. [46.3.1(b)]
c. Each ton of CO2 emitted in excess of the CO2 budget emissions limitation
for a control period shall constitute a separate violation of APC Regulation
No. 46 and applicable State law. [46.3.1(c)]
d. Each ton of excess interim emissions shall constitute a separate violation of
this APC Regulation 46 and applicable state law. [46.3.1(d)]
e. CO2 allowances shall be held in, deducted from, or transferred among CO2
Allowance Tracking System accounts in accordance with APC Regulation
No. 46, sections 46.4, 46.7 and 46.8. [46.3.1(f), 46.7.1, 46.7.2, 46.7.3,
46.8.1, 46.8.2, 46.8.3, 46.8.4, 46.8.7, 46.8.8]
f. A CO2 allowance shall not be deducted, in order to comply with the
requirements in condition III.A.1 above, for a control period or interim
control period that ends prior to the year for which the CO2 allowance was
allocated. A CO2 offset allowance shall not be deducted, in order to comply
with the requirements in subsection III.A.1, beyond the applicable percent
limitations set out in subsection III.A.7.a(3). [46.3.1(g)]
Permit No. RI-46-15 (R1) Page 45 of 62 Expiration Date: 10-05-20
g. A CO2 allowance under the CO2 Budget Trading Program is a limited
authorization by the Department or a participating state to emit one ton of
CO2 in accordance with the CO2 Budget Trading Program. No provision of
the CO2 Budget Trading Program, the CO2 budget permit application, the
CO2 budget permit or any provision of law shall be construed to limit the
authority of the Department or a participating state to terminate or limit such
authorization. [46.3.1(h)]
h. A CO2 allowance under the CO2 Budget Trading Program does not
constitute a property right. [46.3.1(i)]
2. Monitoring Requirements
a. The owners and operators, and to the extent applicable, the CO2 authorized
account representative of Rhode Island State Energy Center, L.P., Inc. (each
CO2 budget source and each CO2 budget unit at the source) shall comply
with the monitoring requirements of APC Regulation No. 46, sections 46.9
and all applicable sections of 40 CFR part 75. Where referenced in sections
46.9 and 46.10, the monitoring requirements of 40 CFR Part 75 shall be
adhered to in a manner consistent with the purpose of monitoring and
reporting CO2 mass emissions pursuant to Air Pollution Control Regulation
No. 46. For purposes of complying with such requirements, the definitions
in section 46.1 of APC Regulation No. 46 and in 40 CFR 72.2 shall apply,
and the terms ‘‘affected unit,’’ ‘‘designated representative,’’ and
‘‘continuous emissions monitoring system’’ (or ‘‘CEMS’’) in 40 CFR part
75 shall be replaced by the terms ‘‘CO2 budget unit,’’ ‘‘CO2 authorized
account representative,’’ and ‘‘continuous emissions monitoring system’’
(or ‘‘CEMS’’), respectively, as defined in subsection 46.1. [46.3.4,
46.9.1(a), 46.9.2, 46.9.3, 46.9.4, 46.9.5]
b. The emission measurements recorded and reported in accordance with
section 46.9 of APC Regulation No. 46 shall be used to determine
compliance by the unit with the CO2 requirements of III.A.1. [46.9.1(b)]
3. Excess Emissions
a. If a CO2 budget source has excess emissions in any control period, or excess
interim emissions for any interim control period the permittee shall:
(1) Forfeit the CO2 allowances required for deduction under subsection
III.A.7.d(1); provided CO2 offset allowances may not be used to
cover any part of such excess emissions; and
Permit No. RI-46-15 (R1) Page 46 of 62 Expiration Date: 10-05-20
(2) Pay any fine, penalty, or assessment or comply with any other
remedy imposed under subsection III.A.7.d(2). [46.3.2(a)(1-2)]
4. Recordkeeping and Reporting Requirements
a. The CO2 authorized account representative shall comply with all
recordkeeping and reporting requirements in this section, the applicable
recordkeeping and reporting requirements under 40 CFR 75.73 and with the
requirements of subsection 46.5.1(e) of APC Regulation No. 46.
[46.10.1(a), 46.10.7(f)(1)]
b. The permittee shall keep on site at the source each of the following
documents for a period of 10 years from the date the document is created.
This period may be extended for cause, at any time prior to the end of 10
years, in writing by the Department. [46.3.3(a)]
(1) The account certificate of representation for the CO2 authorized
account representative for the source and each CO2 budget unit at
the source and all documents that demonstrate the truth of the
statements in the account certificate of representation, in accordance
with the provisions of APC Regulation No. 46, section 46.5.5,
provided that the certificate and documents shall be retained on site
at the source beyond such 10-year period until such documents are
superseded because of the submission of a new account certificate
of representation changing the CO2 authorized account
representative. [46.3.3(a)(1)]
(2) All emissions monitoring information, in accordance with APC
Regulation No. 46, sections 46.9, 46.10 and 40 CFR 75.57.
[46.3.3(a)(2)]
(3) Copies of all reports, compliance certifications, and other
submissions and all records made or required under the CO2 Budget
Trading Program. [46.3.3(a)(3)]
(4) Copies of all documents used to complete a CO2 budget permit
application and any other submission under the CO2 Budget Trading
Program or to demonstrate compliance with the requirements of the
CO2 Budget Trading Program. [46.3.3(a)(4)]
c. The CO2 authorized account representative of a CO2 budget source and each
CO2 budget unit at the source shall submit the reports and compliance
certifications required under the CO2 Budget Trading Program, including
those in APC Regulation No. 46, sections 46.9, 46.10 and 46.11.[46.3.3(b)]
d. The CO2 authorized account representative shall submit an application to
the Department within 45 days after completing all CO2 monitoring system
initial certification or recertification tests required under subsection 46.9.3
Permit No. RI-46-15 (R1) Page 47 of 62 Expiration Date: 10-05-20
of APC Regulation No. 46 including the information required under 40 CFR
75.63 and 40 CFR 75.53(e) and (f). [46.10.3(a)]
Compliance Certification Report
e. For each control period, the permittee shall submit to the Department by the
March 1 following the relevant control period, a compliance certification
report. [46.11.1(a)]
f. The CO2 authorized account representative shall include in the compliance
certification report under paragraph e. of this subsection the following
elements, in a format prescribed by the Department concerning each unit at
the source and subject to the CO2 budget emissions limitation for the control
period covered by the report. A compliance certification report is not
required as part of the compliance obligation during an interim control
period:
(1) Identification of the source and each CO2 budget unit at the source;
[46.11.1(b)(1)]
(2) At the CO2 authorized account representative’s option, the serial
numbers of the CO2 allowances that are to be deducted from the
source’s compliance account under condition III.A.7 for the control
period, including the serial numbers of any CO2 offset allowances
that are to be deducted subject to the limitations of condition
III.A.7.a(3); and [46.11.1(b)(2)]
(3) The compliance certification under paragraph g of this subsection.
[46.11.1(b)(3)]
g. In the compliance certification report under paragraph e of this subsection,
the CO2 authorized account representative shall certify, based on reasonable
inquiry of those persons with primary responsibility for operating the source
and the CO2 budget units at the source in compliance with the CO2 Budget
Trading Program, whether the source and each CO2 budget unit for which
the compliance certification is submitted was operated during the calendar
years covered by the report in compliance with the requirements of the CO2
Budget Trading Program, applicable to the unit, including:
(1) Whether the source was operated in compliance with the CO2
requirements of III.A.1; [46.11.1(c)(1)]
(2) Whether the monitoring plan applicable to each unit at the source
has been maintained to reflect the actual operation and monitoring
of the unit, and contains all information necessary to attribute CO2
emissions to the unit, in accordance with sections 46.9 and 46.10 of
APC Regulation No. 46; [46.11.1(c)(2)]
Permit No. RI-46-15 (R1) Page 48 of 62 Expiration Date: 10-05-20
(3) Whether all the CO2 emissions from the units at the source were
monitored or accounted for through the missing data procedures and
reported in the quarterly monitoring reports, including whether
conditional data were reported in the quarterly reports in accordance
with sections 46.9 and 46.10 of APC Regulation No. 46. If
conditional data were reported, the permittee shall indicate whether
the status of all conditional data has been resolved and all necessary
quarterly report resubmissions have been made; [46.11.1(c)(3)]
(4) Whether the facts that form the basis for certification under section
46.9 and 46.10 of APC Regulation No. 46 of each monitor at each
unit at the source, or for using an accepted monitoring method or
alternative monitoring method approved under sections 46.9 and
46.10 of APC Regulation No. 46, if any, have changed; and
[46.11.1(c)(4)]
(5) If a change is required to be reported under paragraph g(4) of this
subsection, specify the nature of the change, the reason for the
change, when the change occurred, and how the unit’s compliance
status was determined subsequent to the change, including what
method was used to determine emissions when a change mandated
the need for monitor recertification. [46.11.1(c)(5)]
Quarterly Reports
h. The CO2 authorized account representative shall report the CO2 mass
emissions data for the CO2 budget unit, in an electronic format prescribed
by the Administrator, unless otherwise prescribed by the Department, for
each calendar quarter beginning with the calendar quarter covering January
1, 2009 through March 31, 2009. [46.10.4(a)(1)]
i. The CO2 authorized account representative shall submit each quarterly
report to the Department or its agent within 30 days following the end of
the calendar quarter covered by the report. Quarterly reports shall be
submitted in the manner specified in Subpart H of 40 CFR part 75 and 40
CFR 75.64. Quarterly reports shall be submitted for each CO2 budget unit
(or group of units using a common stack), and shall include all of the data
and information required in Subpart G of 40 CFR part 75, except for
opacity, NOx and SO2 provisions. [46.10.4(b)]
j. Compliance Certification. The CO2 authorized account representative shall
submit to the Department or its agent a compliance certification in support
of each quarterly report based on reasonable inquiry of those persons with
primary responsibility for ensuring that all of the unit’s emissions are
correctly and fully monitored. The certification shall state that: [46.10.4(c)]
(1) The monitoring data submitted were recorded in accordance with
the applicable requirements of sections 46.9 and 46.10 of APC
Permit No. RI-46-15 (R1) Page 49 of 62 Expiration Date: 10-05-20
Regulation No. 46 and 40 CFR part 75, including the quality
assurance procedures and specifications; [46.10.4(c)(1)]
(2) The CO2 concentration values substituted for missing data under
Subpart D of 40 CFR part 75 do not systematically underestimate
CO2 emissions. [46.10.4(c)(3)]
Output Data
k. Ongoing QA/QC. The following ongoing quality assurance/quality control
activities must be performed in order to maintain the output system:
(1) Billing meters. In the case where billing meters are used to
determine output, no QA/QC activities beyond what are already
performed are required. [46.10.7(e)(1)]
(2) Non-billing meters. Certain types of equipment such as potential
transformers, current transformers, nozzle and venture type meters,
and the primary element of an orifice plate only require an initial
certification of calibration and do not require periodic recalibration
unless the equipment is physically changed. However, the pressure
and temperature transmitters accompanying an orifice plate will
require periodic retesting. For such pressure and temperature
transmitters, and other types of equipment, either recalibrate or re-
verify the meter accuracy at least once every two years (i.e., every
eight calendar quarters), unless a consensus standard allows for less
frequent calibrations or accuracy tests. For non-billing meters, the
output monitoring system must either meet an accuracy of within
10% of the reference value, or each component monitor for the
output system must meet an accuracy of within 3% of the full scale
value, whichever is less stringent. If testing a piece of output
measurement equipment shows that the output readings are not
accurate to within 3.0 percent of the full scale value, then the
equipment should be repaired or replaced to meet that requirement.
[46.10.7(e)(2)]
(3) Out-of-control periods. If testing a piece of output measurement
equipment shows that the output readings are not accurate to the
certification value, data remain invalid until the output measurement
equipment passes an accuracy test or is replaced with another piece
of equipment that passes the accuracy test. All invalid data shall be
replaced by either zero or an output value that is likely to be lower
than a measured value and that is approved as part of the monitoring
plan required under subsection 46.10.7(c) of APC Regulation No.
46. [46.10.7(e)(3)]
l. The permittee shall retain data used to monitor, determine, or calculate net
generation for ten years from the date reported. [46.10.7(f)(2)]
Permit No. RI-46-15 (R1) Page 50 of 62 Expiration Date: 10-05-20
m. Annual reports. The CO2 authorized account representative shall submit
annual output reports, as follows. The data must be sent both electronically
and in hardcopy by March 1 for the immediately preceding calendar year to
the Department or its agent. The annual report shall include the annual total
unit level MWh, the annual total useful thermal energy and a certification
statement from the CO2 authorized account representative stating the
following:
“I am authorized to make this submission on behalf of the owners
and operators of the CO2 budget sources or CO2 budget units for
which the submission is made. I certify under penalty of law that I
have personally examined, and am familiar with, the statements and
information submitted in this document and all its attachments.
Based on my inquiry of those individuals with primary responsibility
for obtaining the information, I certify that the statements and
information are to the best of my knowledge and belief true,
accurate, and complete. I am aware that there are significant
penalties for submitting false statements and information or
omitting required statements and information, including the
possibility of fine or imprisonment.”
[46.10.7(f)(3)]
5. Liability
a. No permit revision shall excuse any violation of the requirements of the
CO2 Budget Trading Program that occurs prior to the date that the revision
takes effect. [46.3.5(a)]
b. Any provision of the CO2 Budget Trading Program that applies to a CO2
budget source (including a provision applicable to the CO2 authorized
account representative of a CO2 budget source) shall also apply to the
owners and operators of such source and of the CO2 budget units at the
source. [46.3.5(b)]
c. Any provision of the CO2 Budget Trading Program that applies to a CO2
budget unit (including a provision applicable to the CO2 authorized account
representative of a CO2 budget unit) shall also apply to the owners and
operators of such unit. [46.3.5(c)]
d. Any person who negligently, willingly or knowingly violates any
requirement or prohibition of the CO2 Budget Trading Program or a CO2
budget permit shall be subject to enforcement pursuant to applicable
law.[46.3.5(d)]
e. Any person who negligently, willingly or knowingly makes a false material
statement in any record, submission, or report under the CO2 Budget
Trading Program shall be subject to criminal enforcement pursuant to
applicable law. [46.3.5(e)]
Permit No. RI-46-15 (R1) Page 51 of 62 Expiration Date: 10-05-20
f. Each CO2 budget source and each CO2 budget unit shall meet the
requirements of the CO2 Budget Trading Program. [46.3.5(f)]
6. Effect on other authorities
a. No provision of the CO2 Budget Trading Program, a CO2 budget permit
application, or a CO2 budget permit, shall be construed as exempting or
excluding the owners and operators and, to the extent applicable, the CO2
authorized account representative of a CO2 budget source or CO2 budget
unit from compliance with any other provision of any Air Pollution Control
Regulation, the Rhode Island State Implementation Plan, a federally
enforceable permit, or the Clean Air Act. [46.3.6]
7. Compliance
a. Allowances available for compliance deduction. CO2 allowances that meet
the following criteria are available to be deducted in order for a CO2 budget
source to comply with the CO2 requirements in subsection III.A.1 for a
control period or an interim control period.
(1) The CO2 allowances, other than CO2 offset allowances, are of
allocation years that fall within a prior control period, the same
control period or the same interim control period for which the
allowances will be deducted. [46.8.5(a)(1)]
(2) The CO2 allowances are held in the CO2 budget source’s compliance
account as of the CO2 allowance transfer deadline for that control
period or interim control period are transferred into the compliance
account by a CO2 allowance transfer correctly submitted for
recordation under APC Regulation No. 46, subsection 46.7.1 by the
CO2 allowance transfer deadline for that control period or interim
control period. [46.8.5(a)(2)]
(3) For CO2 offset allowances, the number of CO2 offset allowances
that are available to be deducted in order for a CO2 budget source to
comply with the CO2 requirements of subsection III.A.1 for a
control period or interim control period may not exceed 3.3 percent
of the CO2 budget source’s CO2 emissions for that control period, or
of 0.50 times the CO2 budget source’s CO2 emissions for an interim
control period, as determined in accordance with APC Regulation
No. 46, sections 46.8, 46.9 and 46.10: [46.8.5(a)(3)]
(4) The CO2 allowances are not necessary for deductions for excess
emissions for a prior control period under subsection III.A.7(d)
[46.8.5(a)(4)]
Permit No. RI-46-15 (R1) Page 52 of 62 Expiration Date: 10-05-20
b. Deductions for compliance.
(1) Following the recordation, in accordance with APC Regulation No.
46, subsection 46.7.2, of CO2 allowance transfers submitted for
recordation in the CO2 budget source’s compliance account by the
CO2 allowance transfer deadline for a control period or interim
control period, the Department or its agent will deduct CO2
allowances available under III.A.7(a) of this subsection to cover the
source’s CO2 emissions (as determined in accordance with APC
Regulation No.46, sections 46.9 and 46.10 for the control period or
interim control period, as follows: [46.8.5(b)(1)]
(a) Until the amount of CO2 allowances deducted equals the
number of tons of total CO2 emissions, emissions (or 0.50
times the number of tons of total CO2 emissions for an
interim control period), from all CO2 budget units at the CO2
budget source for the control period or interim control
period; or [46.8.5(b)(1)a]
(b) If there are insufficient CO2 allowances to complete the
deductions in III.A.7(b)(1) of this subsection, until no more
CO2 allowances available under III.A.7(b)(1)(a) of this
subsection remain in the compliance account.
[46.8.5(b)(1)b]
c. Identification of available CO2 allowances by serial number; default
compliance deductions.
(1) The CO2 authorized account representative for a source’s
compliance account may request that specific CO2 allowances,
identified by serial number, in the compliance account be deducted
for emissions or excess emissions for a control period or interim
control period in accordance with III.A.7.b or III.A.7.d of this
section. Such identification shall be made in the compliance
certification report submitted in accordance with condition III.A.4.e.
[46.8.5.(c)(1)]
(2) The Department or its agent will deduct CO2 allowances for a
control period or interim control period from the CO2 budget
source’s compliance account, in the absence of an identification or
in the case of a partial identification of available CO2 allowances by
serial number under III.A.7.c(1) of this section, in the following
order: [46.8.5(c)(2)]
(a) First, subject relevant compliance deduction limitations
under III.A.7.a(3) and III.A.7.d(1), CO2 offset allowances.
CO2 offset allowances shall be deducted in chronological
order (i.e., CO2 offset allowances from earlier allocation
years shall be deducted before CO2 offset allowances from
Permit No. RI-46-15 (R1) Page 53 of 62 Expiration Date: 10-05-20
later allocation years). In the event that some, but not all,
CO2 offset allowances from a particular allocation year are
to be deducted, CO2 offset allowances shall be deducted by
serial number, with lower serial number allowances
deducted before higher serial number allowances.
[46.8.5(c)(2)a]
(b) Second, any CO2 allowances, other than CO2 offset
allowances that are available for deduction under III.A.7.a.
CO2 allowances shall be deducted in chronological order
(i.e., CO2 allowances from earlier allocation years shall be
deducted before CO2 allowances from later allocation years).
In the event that some, but not all, CO2 allowances from a
particular allocation year are to be deducted, CO2 allowances
shall be deducted by serial number, with lower serial number
allowances deducted before higher serial number
allowances. [46.8.5(c)(2)b]
d. Deductions for excess emissions.
(1) After making the deductions for compliance under III.A.7.b of this
section, the Department or its agent will deduct from the CO2 budget
source’s compliance account a number of CO2 allowances, from
allocation years that occur after the control period in which the
source has excess emissions, equal to three times the number of the
source’s excess emissions. In the event that a source has insufficient
CO2 allowances to cover three times the number of the source’s
excess emissions, the source shall be required to immediately
transfer sufficient allowances into its compliance account. No CO2
offset allowances may be deducted to account for the source’s
excess emissions. [46.8.5(d)(1)]
(2) Any CO2 allowance deduction required under III.A.7.d(1) of this
section shall not affect the liability of the permittee for any fine,
penalty, or assessment, or their obligation to comply with any other
remedy, for the same violation, as ordered under applicable State
law. The following guidelines will be followed in assessing fines,
penalties or other obligations. [46.8.5(d)(2)]
(a) For purposes of determining the number of days of violation,
if a CO2 budget source has excess emissions for a control
period, each day in the control period constitutes a day in
violation unless the owners and operators of the unit
demonstrate that a lesser number of days should be
considered. The Department or its agent will have complete
discretion to determine if the permittee demonstrated that a
lesser number of days should be used. [46.8.5(d)(2)a]
Permit No. RI-46-15 (R1) Page 54 of 62 Expiration Date: 10-05-20
(b) Each ton of excess emissions is a separate violation.
[46.8.5(d)(2)b]
(c) For purposes of determining the number of days of violation,
if a CO2 budget source has excess interim emissions for an
interim control period, each day in the interim control period
constitutes a day in violation unless the permittee of the unit
demonstrate that the lesser number of days should be
considered. [46.8.5(d)(2)c]
(d) Each ton of excess interim emissions is a separate violation.
[46.8.5(d)(2)d]
(3) The propriety of the Department’s determination that a CO2 budget
source had excess emissions and the associated deduction of CO2
allowances from that CO2 budget source’s account may be later
challenged in the context of an administrative enforcement, or any
civil or criminal judicial action arising from or encompassing that
excess emissions violation. The commencement or pendency of any
administrative enforcement, or civil or criminal judicial action
arising from or encompassing that excess emissions violation will
not act to prevent the Department or its agent from initially
deducting the CO2 allowances resulting from the Department’s
original determination that the relevant CO2 budget source has had
excess emissions. Should the Department’s determination of the
existence or extent of the CO2 budget source’s excess emissions be
revised either by a settlement or final conclusion of any
administrative or judicial action, the Department shall:
[46.8.5(d)(3)]
(a) In any instance where the Department’s determination of the
extent of excess emissions was too low, the Department will
take further action under III.A.7.d(1) and III.A.7.d(2) of this
section to address the expanded violation. [46.8.5(d)(3)a]
(b) In any instance where the Department’s determination of the
extent of excess emissions was too high, the Department will
distribute to the relevant CO2 budget source a number of CO2
allowances equaling the number of CO2 allowances
deducted which are attributable to the difference between the
original and final quantity of excess emissions. Should such
CO2 budget source’s compliance account no longer exist, the
CO2 allowances will be provided to a general account
selected by the permittee. [46.8.5(d)(3)b]
e. The Department will record in the appropriate compliance account all
deductions from such an account pursuant to III.A.7.b and III.A.7.d of this
section. [46.8.5(e)]
Permit No. RI-46-15 (R1) Page 55 of 62 Expiration Date: 10-05-20
f. Action by the Department on submissions.
(1) The Department may review and conduct independent audits
concerning any submission under the CO2 Budget Trading Program
and make appropriate adjustments of the information in the
submissions. [46.8.5(f)(1)]
(2) The Department may deduct CO2 allowances from or transfer CO2
allowances to a source’s compliance account based on information
in the submissions, as adjusted under III.A.7.f(1) of this section.
[46.8.5(f)(2)]
8. Banking
Each CO2 allowance that is held in a compliance account or a general account will
remain in such account unless and until the CO2 allowance is deducted or
transferred under APC Regulation No. 46, section 46.7, subsection 46.11.2,
condition III.A.7, or condition III.A.9. [46.8.6]
9. Account Error
The Department or its agent may, at its sole discretion and on his or her own motion,
correct any error in any CO2 Allowance Tracking System account. Within ten (10)
business days of making such correction, the Department or its agent will notify the
CO2 authorized account representative for the account. [46.8.7]
10. Other Requirements
a. The Department or its agent may review and conduct independent audits
concerning any compliance certification or any other submission under the
CO2 Budget Trading Program and make appropriate adjustments of the
information in the compliance certifications or other submissions.
[46.11.2(a)]
b. The Department or its agent may deduct CO2 allowances from or transfer
CO2 allowances to a source’s compliance account based on the information
in the compliance certifications or other submissions, as adjusted under
paragraph a of this subsection. [46.11.2(b)]
c. Authorization and responsibilities of, changing of, objections concerning
and delegation by the CO2 authorized account representative and the
alternate, changes in the owners and operators and matters concerning the
account certificate of representation shall be conducted in accordance with
APC Regulation No. 46, section 46.5. [46.5.1, 46.5.2, 46.5.3, 46.5.4, 46.5.5,
46.5.6, 46.5.7]
d. The CO2 Budget Trading Program portion of this permit is deemed to
incorporate automatically the definition of terms under section 46.1 of APC
Regulation No. 46. [46.6.1(c)]
Permit No. RI-46-15 (R1) Page 56 of 62 Expiration Date: 10-05-20
e. The CO2 Budget Trading Program portion of this permit shall be modified
in accordance with the procedures in Air Pollution Control Regulation No.
29. [46.6.4(a)]
f. The CO2 authorized account representative shall submit a complete CO2
budget permit application under subsection 46.6.3 of APC regulation No.
46 in accordance with the provisions of Air Pollution Control Regulation
No. 29 addressing permit renewals. [46.6.5(a)]
g. The permittee shall not use any alternative to any requirement of 40 CFR
Part 75 without having obtained prior written approval in accordance with
subsection 46.10.5 of APC Regulation No. 46. [46.10.5]
h. Any conditions included in Section III.A of this permit shall have the full
force and effect of rules and regulations. [46.14.2]
i. The permittee shall comply with all conditions included in Section III.A of
this permit. [46.14.3]
j. Failure to comply with any condition included in Section III.A of this permit
shall be considered failure to comply with APC Regulation No. 46.
[46.14.4]
B. Acid Rain
1. Sulfur Dioxide Requirements
a. The permittee shall:
(1) Hold allowances, as of the allowance transfer deadline, in the
compliance subaccount for G001 and G002 (after deductions under
40 CFR 73.34(c) not less than the total annual emissions of sulfur
dioxide for the previous calendar year from the unit; and [RI-PSD-
6(I)(3)]
(2) Comply with the applicable Acid Rain emissions limitations for
sulfur dioxide. [40 CFR 72.9(c)(1)]
b. Each ton of sulfur dioxide emitted in excess of the Acid Rain emissions
limitations for sulfur dioxide shall constitute a separate violation of the Act.
[40 CFR 72.9(c)(2)]
c. G001 and G002 shall be subject to the requirements under paragraph a of
this section starting November 2002. [40 CFR 72.9(c)(3)(iv)]
d. Allowances shall be held in, deducted from, or transferred among
Allowance Tracking System accounts in accordance with the Acid Rain
Program. [40 CFR 72.9(c)(4)]
Permit No. RI-46-15 (R1) Page 57 of 62 Expiration Date: 10-05-20
e. An allowance shall not be deducted in order to comply with the
requirements under paragraph a of this section prior to the calendar year for
which the allowance was allocated. [40 CFR 72.9(c)(5)]
f. An allowance allocated by the Administrator under the Acid Rain Program
is a limited authorization to emit sulfur dioxide in accordance with the Acid
Rain Program. No provision of the Acid Rain Program, the Acid Rain
permit application, the Acid Rain permit, or an exemption under 40 CFR
72.7, 72.8, or 72.14 and no provision of law shall be construed to limit the
authority of the United States to terminate or limit such authorization. [40
CFR 72.9(c)(6)]
g. An allowance allocated by the Administrator under the Acid Rain Program
does not constitute a property right. [40 CFR 72.9(c)(7)]
2. Monitoring Requirements
a. The permittee and, to the extent applicable, the designated representative
shall comply with the monitoring requirements as provided in 40 CFR Part
75. [40 CFR 72.9(b)(1)]
b. The emissions measurements recorded and reported in accordance with 40
CFR Part 75 shall be used to determine compliance by G001 and G002 with
the Acid Rain emissions limitations and emissions reduction requirements
for sulfur dioxide and nitrogen oxides under the Acid Rain Program. [40
CFR 72.9(b)(2)]
c. The requirements of 40 CFR Part 75 shall not affect the responsibility of
the permittee to monitor emissions of other pollutants or other emissions
characteristics at G001 and G002 under other applicable requirements of
the Act and other provisions of this operating permit. [40 CFR 72.9(b)(3)]
3. Excess Emissions Requirements
a. The designated representative of an affected unit that has excess emissions
in any calendar year shall submit a proposed offset plan, as required under
40 CFR Part 77. [40 CFR 72.9(e)(1)]
b. The owners and operators of an affected unit that has excess emissions in
any calendar year shall:
(1) Pay without demand the penalty required, and pay upon demand the
interest on that penalty, as required by 40 CFR Part 77; and
(2) Comply with the terms of an approved offset plan, as required by 40
CFR Part 77. [40 CFR 72.9(e)(2)]
Permit No. RI-46-15 (R1) Page 58 of 62 Expiration Date: 10-05-20
4. Recordkeeping and Reporting Requirements
a. Unless otherwise provided, the permittee shall keep on site at the source
each of the following documents for a period of 5 years from the date the
document is created. This period may be extended for cause, at any time
prior to the end of 5 years, in writing by the Administrator or the Office of
Air Resources:
(1) The certificate of representation for the designated representative for
the source and each affected unit at the source and all documents
that demonstrate the truth of the statements in the certificate of
representation, in accordance with 40 CFR 72.24; provided that the
certificate and documents shall be retained on site at the source
beyond such 5-year period until such documents are superseded
because of the submission of a new certificate of representation
changing the designated representative;
(2) All emissions monitoring information, in accordance with 40 CFR
Part 75, provided that to the extent that 40 CFR Part 75 provides for
a 3-year period for recordkeeping, the 3-year period shall apply.
(3) Copies of all reports, compliance certifications, and other
submissions and all records made or required under the Acid Rain
Program; and,
(4) Copies of all documents used to complete an Acid Rain permit
application and any other submission under the Acid Rain Program
or to demonstrate compliance with the requirements of the Acid
Rain Program. [40 CFR 72.9(f)]
b. The designated representative shall submit the reports and compliance
certifications required under the Acid Rain Program, including those under
40 CFR Part 72 Subpart I and 40 CFR Part 75. [40 CFR 72.9(f)(2)]
5. Liability
a. Any person who knowingly violates any requirement or prohibition of the
Acid Rain Program, a complete Acid Rain permit application, an Acid Rain
permit, or an exemption under 40 CFR 72.7, 72.8, or 72.14, including any
requirement for the payment of any penalty owed to the United States, shall
be subject to enforcement pursuant to section 113(c) of the Act. [40 CFR
72.9(g)(1)]
b. Any person who knowingly makes a false, material statement in any record,
submission, or report under the Acid Rain Program shall be subject to
criminal enforcement pursuant to section 113(c) of the Act and 18 U.S.C.
1001. [40 CFR 72.9(g)(2)]
Permit No. RI-46-15 (R1) Page 59 of 62 Expiration Date: 10-05-20
c. No permit revision shall excuse any violation of the requirements of the
Acid Rain Program that occurs prior to the date that the revision takes effect.
[40 CFR 72.9(g)(3)]
d. Each affected source and each affected unit shall meet the requirements of
the Acid Rain Program. [40 CFR 72.9(g)(4)]
e. Any provision of the Acid Rain Program that applies to an affected source
(including a provision applicable to the designated representative of an
affected source) shall also apply to the owners and operators of such source
and of the affected units at the source. [40 CFR 72.9(g)(5)]
f. Any provision of the Acid Rain Program that applies to an affected unit
(including a provision applicable to the designated representative of an
affected unit) shall also apply to the owners and operators of such unit.
Except as provided under 40 CFR 72.44 (Phase II repowering extension
plans) and 40 CFR 76.11 (NOx averaging plans), and except with regard to
the requirements applicable to units with a common stack under 40 CFR
part 75 (including 40 CFR 75.16, 75.17, and 75.18), the owners and
operators and the designated representative of one affected unit shall not be
liable for any violation by any other affected unit of which they are not
owners or operators or the designated representative and that is located at a
source of which they are not owners or operators or the designated
representative. [40 CFR 72.9(g)(6)]
g. Each violation of a provision of 40 CFR parts 72, 73, 74, 75, 76, 77, and 78
by an affected source or affected unit, or by an owner or operator or
designated representative of such source or unit, shall be a separate violation
of the Act. [40 CFR 72.9(g)(7)]
6. Effect on Other Authorities
a. No provision of the Acid Rain Program, an Acid Rain permit application,
an Acid Rain permit, or an exemption under 40 CFR 72.7, 72.8, or 72.14
shall be construed as:
(1) Except as expressly provided in title IV of the Act, exempting or
excluding the owners and operators and, to the extent applicable, the
designated representative of an affected source or affected unit from
compliance with any other provision of the Act, including the
provisions of title I of the Act relating to applicable National
Ambient Air Quality Standards or State Implementation Plans; [40
CFR 72.9(h)(1)]
(2) Limiting the number of allowances a unit can hold; provided, that
the number of allowances held by the unit shall not affect the
source's obligation to comply with any other provisions of the Act;
[40 CFR 72.9(h)(2)]
Permit No. RI-46-15 (R1) Page 60 of 62 Expiration Date: 10-05-20
(3) Requiring a change of any kind in any State law regulating electric
utility rates and charges, affecting any State law regarding such
State regulation, or limiting such State regulation, including any
prudence review requirements under such State law; [40 CFR
72.9(h)(3)]
(4) Modifying the Federal Power Act or affecting the authority of the
Federal Energy Regulatory Commission under the Federal Power
Act; [40 CFR 72.9(h)(4)]
(5) Interfering with or impairing any program for competitive bidding
for power supply in a State in which such program is established.
[40 CFR 72.9(h)(5)]
C. Ozone-depleting Substances
This section contains air pollution control requirements that are applicable to this facility, and the
United States Environmental Protection Agency enforces these requirements.
1. The permittee shall comply with the standards for labeling of products using ozone-
depleting substances pursuant to 40 CFR Part 82, Subpart E:
a. All containers containing a class I or class II substance that is stored or
transported, all products containing a class I substance, and all products
directly manufactured with a class I substance must bear the required
warning statement if it is being introduced into interstate commerce
pursuant to 40 CFR 82.106.
b. The placement of the required warning statement must comply with the
requirements of 40 CFR 82.108.
c. The form of the label bearing the required warning statement must comply
with the requirements of 40 CFR 82.110.
d. No person may modify, remove or interfere with the required warning
statement except as described in 40 CFR 82.112.
2. The permittee shall comply with the standards for recycling and emissions
reduction pursuant to 40 CFR Part 82, Subpart F, except as provided for motor
vehicle air conditioners (MVAC) in Subpart B:
a. Persons opening appliances for maintenance, service, repair or disposal
must comply with the required practices of 40 CFR 82.156.
b. Equipment used during the maintenance, service, repair or disposal of
appliances must comply with the standards for recycling and recovery
equipment of 40 CFR 82.158.
Permit No. RI-46-15 (R1) Page 61 of 62 Expiration Date: 10-05-20
c. Persons performing maintenance, service, repair or disposal of appliances
must be certified by an approved technician certification program pursuant
to 40 CFR 82.161.
d. Persons disposing of small appliances, MVACs and MVAC-like appliances
(as defined in 40 CFR 82.152) must comply with recordkeeping
requirements of 40 CFR 82.166.
e. Persons owning commercial or industrial process refrigeration equipment
must comply with the leak repair equipment requirements of 40 CFR
82.156.
f. Owners/operators of appliances normally containing 50 or more pounds of
refrigerant must keep records of refrigerant purchased and added to such
appliances pursuant to 40 CFR 82.166.
3. If the permittee manufactures, transforms, imports or exports a class I or class II
substance, the permittee is subject to all the requirements as specified in 40 CFR
Part 82, Subpart A, "Production and Consumption Controls".
4. If the permittee performs a service on motor (fleet) vehicles when this service
involves ozone-depleting substance refrigerant (or regulated substitute substance)
in the motor vehicle air conditioner (MVAC), the permittee is subject to all the
applicable requirements as specified in 40 CFR Part 82, Subpart B, "Servicing of
Motor Vehicle Air Conditioners".
5. The term "motor vehicle" as used in Subpart B does not include a vehicle in which
final assembly of the vehicle has not been completed. The term "MVAC" as used
in Subpart B does not include the air-tight sealed refrigeration system used as
refrigerated cargo or system used on passenger buses using HCFC-22 refrigerant.
6. The permittee shall be allowed to switch from any ozone-depleting substance to
any alternative that is listed in the Significant New Alternatives Program (SNAP)
promulgated pursuant to 40 CFR Part 82, Subpart G, "Significant New Alternatives
Policy Program".
D. Prevention of Accidental Releases
This section contains air pollution control requirements that are applicable to this facility, and the
United States Environmental Protection Agency enforces these requirements.
The permittee shall implement the Risk Management Program that was summarized and
submitted as a Risk Management Plan in accordance with 40 CFR 68 on January 28, 2000
The permittee shall make any necessary modifications to the Risk Management Program
and submit an updated Risk Management Plan in accordance with 40 CFR 68 by January
28, 2005. The risk Management Program must meet USEPA requirements and must
include but is not limited to a Prevention Program, a Management System, an Offsite
Consequence Analysis, and an Emergency Response Plan. In addition, the facility must
Permit No. RI-46-15 (R1) Page 62 of 62 Expiration Date: 10-05-20
comply with any additional requirements imposed by the State upon promulgation of State
Regulations.
Your facility is also subject to the requirements of the General Duty Clause, under 112(r)(1)
of the CAA Amendments of 1990. This clause specifies that owners or operators of
stationary sources producing, processing, handling or storing a chemical in any quantity
listed in 40 CFR Part 68 or any other extremely hazardous substance have a general duty
to identify hazards associated with these substances and to design, operate and maintain a
safe facility, in order to prevent releases and to minimize the consequences of accidental
releases which may occur.